State v. McCoy

OPINION

LANSING, Judge.

This appeal from a misdemeanor domestic-violence conviction presents the question of whether Minn.Stat. § 634.20 (2002) as applied to abrogate the clear-and-convincing-evidence requirement of Minn. R. Evid. 404(b) violates the separation-of-powers doctrine of the Minnesota Constitution. We conclude that the legislature did not intend to abrogate the clear-and-convincing-evidence requirement and that section 634.20 does not conflict with rule 404(b). Because the district court admitted evidence of similar prior conduct without determining whether that conduct was proved…