What’s in a Nickname? Defendant Successfully Appeals Confrontation Clause Violation in Recent Minnesota Case
There were many errors that occurred in the recent Minnesota Court of Appeals opinion that sent State v. Ramsey back to the district court level on October 28, 2024. This article highlights an issue that’s particularly relevant for many people who may have been convicted with the use of evidence that should not have been used.
Identifying a Suspect with Outside Information
In State v. Ramsey, an analyst received information that the shooter in a homicide was known by the nickname “Block”. Block had tattoos and scars. The analyst testified to the jury that the information was received from “other agencies”. The defendant was convicted at trial.
Confrontation Clause Issue
The defendant appealed the case on multiple grounds, most notably for this post that his constitutional right confront his accusers was violated. A defendant’s rights under the confrontation clause are violated when: (1) the statement in question was testimonial; (2) the statement was admitted for the truth of the matter asserted; and (3) the defendant was unable to cross-examine the declarant. State v. Sutter, 959 N.W.2d 760 (Minn. 2021).
Confrontation Clause Rights Violated
The Ramey Court held that the defendant’s rights were violated because all three factors were established. First, the statements were testimonial because they were being used for establishing past facts for criminal prosecution. Second, they were admitted for the truth of the matter asserted in identifying the suspect. Third, the defendant did not have the opportunity to cross examine the officer who communicated to the analyst, nor to the person who communicated the information to the police officer. When considering all of the factors, the Minnesota Court of Appeals determined that a confrontation clause violation occurred.
Conclusion
If you or a loved one were convicted and you think that confrontation clause rights may be an issue, you should contact a skilled appeals attorney. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense, bringing both his intelligence and creativity in advocacy. If you or a loved one wants to appeal a criminal case, you want Peter and the team at Jack Rice Defense in your corner.
