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STATE OF MINNESOTA IN SUPREME COURT A09-220

Mille Lacs County

Anderson, Paul H., J. Concurring, Gildea, C.J. and Dietzen, J. Concurring, Meyer, J. Took no part, Stras, J.

State of Minnesota, Respondent, vs. Jeremy Jason Hull, Appellant. ________________________ Lori Swanson, Attorney General, Kimberly R. Parker, Assistant Attorney General, St. Paul, Minnesota; and Jan Kolb, Mille Lacs County Attorney, Milaca, Minnesota, for respondent. Jodie L. Carlson, Assistant State Public Defender, St. Paul, Minnesota, for appellant. ________________________ SYLLABUS The district court did not violate the defendant's Confrontation Clause rights by admitting into evidence the deceased victim's out-of-court statement to a friend when the statement was not testimonial. The district court's admission of an officer's statement that the defendant's name "came up" in an investigation of a robbery does not warrant reversal because the Filed: September 9, 2010 Office of Appellate Courts

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admission of the statement did not constitute plain error and did not affect the defendant's substantial rights. Any error in the admission of fingerprint and handwriting expert evidence was harmless because there is no reasonable possibility that the admission of the evidence significantly affected the verdict. The defendant's pro se arguments lack merit and therefore do not warrant a reversal. Affirmed. OPINION ANDERSON, PAUL H., Justice. Lewis Wilczek disappeared after attending a family barbeque in Little Falls on April 29, 2007. Six days later, the police found Wilczek's body buried in a gravel pit. A Mille Lacs County grand jury subsequently indicted Jeremy Jason Hull for one count of first-degree premeditated murder, in violation of Minn. Stat.

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Minnesota Law