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STATE OF MINNESOTA IN SUPREME COURT A10-0765

Dodge County

Stras, J.

State of Minnesota, Respondent, vs. Danny Ortega, Sr., Appellant. ________________________ Lori Swanson, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, Minnesota; and Paul Kiltinen, Dodge County Attorney, Mantorville, Minnesota, for respondent. David W. Merchant, Chief Appellate Public Defender, Melissa Sheridan, Assistant State Public Defender, Eagan, Minnesota, for appellant. ________________________ SYLLABUS 1. The district court did not err when it admitted appellant's statements to Filed: April 18, 2012 Office of Appellate Courts

investigators because, after initially requesting counsel, appellant reinitiated questioning with the investigators and then validly waived his Miranda rights. 2. The district court did not err when it admitted appellant's statements to

investigators because, after appellant made an equivocal request for counsel, investigators

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complied with the "stop and clarify" rule by asking appellant a narrow question designed to clarify the scope of appellant's request for counsel. 3. Any alleged error in the prosecutor's questioning of jurors during voir dire

did not result in prejudice to the appellant. 4. Appellant's pro se arguments are without merit.

Affirmed. OPINION STRAS, Justice. Following a jury trial, appellant Danny Ortega, Sr. ("Ortega") was convicted of aiding and abetting first-degree premeditated murder, Minn. Stat.

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Minnesota Law