Legal Opinion

State v. Sam

Court of Appeals of Minnesota

Decided November 13, 2017No. A17-0012Published

1Opinion of the Court

OPINION

RODENBERG, Judge

Appellant Christopher Sam challenges his conviction of second-degree assault, arguing that the district court erred by giving a no-adverse-inference jury instruction without obtaining his personal consent on the record. At trial, appellant’s attorney requested the instruction on behalf of appellant, who was voluntarily absent on the final day of trial. We affirm.

FACTS

Appellant was charged with first-degree aggravated robbery in violation of Minn. Stat. § 609.245, subd. 1 (2014), and second-degree assault in violation of Minn. Stat. § '609.222, subd. 1 (2014). Appellant…

2Cases cited7 opinions

  1. State v. IhleSupreme Court of Minnesota · 2002
  2. State v. GomezSupreme Court of Minnesota · 2006
  3. State v. CliftonSupreme Court of Minnesota · 2005
  4. State v. DarrisSupreme Court of Minnesota · 2002
  5. State of Minnesota v. Corey Joel EichersSupreme Court of Minnesota · 2014

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