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STATE OF MINNESOTA IN SUPREME COURT A08-1269

Hennepin County State of Minnesota, Respondent, vs. Philander Dermont Jenkins, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and

Page, J.

Filed: May 20, 2010 Office of Appellate Courts

Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, Minnesota, for respondent. Jill Clark, Golden Valley, Minnesota; and Jill M. Waite, Minneapolis, Minnesota, for appellant. ________________________ SYLLABUS 1. The district court correctly determined that defendants arrest and resulting

seizure of his clothing was lawful, and the search warrant for defendants room was supported by probable cause.

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The district court properly excluded alternative-perpetrator evidence

regarding four individuals because defendant failed to lay the proper evidentiary foundation. 3. The district court properly excluded evidence that the State reported a

witness to child protective services a year before trial because it was only marginally useful for showing bias. 4. Defendant is not entitled to an acquittal for police or prosecutorial

misconduct when he fails to prove that the police or prosecutor engaged in any prejudicial misconduct. Statements by the prosecution that defense attorneys were

"dangerous and bulldogs" and "hounds" were improper, but not prejudicial. 5. Defendant is not entitled a new trial based on newly discovered evidence

when the evidence was known during trial, could have been discovered before trial, and the evidence is not likely to produce a more favorable result. 6. The imposition of two consecutive life sentences without the possibility of

release does not violate Minnesota Statutes

Download A08-1269, State of Minnesota, Respondent, vs. Philander Dermont Jenkins, Appella

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