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STATE OF MINNESOTA IN SUPREME COURT A08-1566

Court of Appeals

Page, J. Took no part, Stras, J.

Bryan Doyle Scherf, Appellant, vs. State of Minnesota, Respondent. ________________________ David W. Merchant, Chief Appellate Public Defender, G. Tony Atwal, Assistant State Public Defender, St. Paul, Minnesota, for appellant. Lori Swanson, Attorney General, John B. Galus, Assistant Attorney General, St. Paul, Minnesota; and John J. Muhar, Itasca County Attorney, Grand Rapids, Minnesota, for respondent. ________________________ SYLLABUS A witnesss testimony does not constitute newly discovered evidence if it can be reasonably inferred that the defendant knew the substance of the witnesss testimony at the time of trial. Affirmed. Filed: September 23, 2010 Office of Appellate Courts

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OPINION PAGE, Justice. Appellant Bryan D. Scherf was charged by complaint with second-degree burglary, in violation of Minn. Stat.

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Minnesota Law