(DOWNLOAD) "State V. Mccoy" by State of Minnesota in Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Mccoy
- Author : State of Minnesota in Supreme Court
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
In this case, we are asked to resolve whether evidence of similar conduct by the accused against an alleged victim of domestic abuse may be admitted against the accused under Minn. Stat. § 634.20 (2002) without first being established by clear and convincing evidence. Respondent Tyrone S. McCoy was convicted of misdemeanor domestic assault of his wife. Prior to trial, the district court ruled that the state could admit evidence under Minn. Stat. § 634.20 that respondent had previously assaulted his wife. The court of appeals reversed respondent's conviction, holding that evidence of prior similar conduct must first be established by clear and convincing evidence to be admitted at trial. State v. McCoy, 668 N.W.2d. 425, 430 (Minn. App. 2003). Based on the record before us, we conclude that no evidence of the alleged prior domestic assault was ever admitted. We also conclude that evidence of similar conduct by the accused against an alleged victim of domestic abuse may be admitted under Minn. Stat. § 634.20 without being established by clear and convincing evidence. For these reasons, we reverse.
 "State V. Mccoy" by State of Minnesota in Supreme Court # Book PDF Kindle ePub Free){kind=link}