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STATE OF MINNESOTA IN SUPREME COURT A09-2323

Court of Appeals

Page, J. Concurring, Dietzen and Stras, JJ.

State of Minnesota, Respondent, vs. Marlon Terrell Pratt, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, Minneapolis, Minnesota, for respondent. David W. Merchant, Chief Appellate Public Defender, Jessica Merz Godes, Assistant Public Defender, St. Paul, Minnesota, for appellant. ________________________ SYLLABUS 1. convictions. 2. A retired judge retained by a prosecuting authority to be an expert witness The evidence was sufficient to support appellant's theft-by-swindle Filed: May 23, 2012 Office of Appellate Courts

in an unrelated civil case is disqualified under the Code of Judicial Conduct from

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presiding over a criminal trial prosecuted by that same prosecuting authority. Under the unique facts of this case, reversal is warranted. Reversed and remanded. OPINION PAGE, Justice. Appellant Marlon Terrell Pratt was charged by complaint with 17 counts of theft by swindle, pursuant to Minn. Stat.

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Minnesota Law