State v. Joon Kyu Kim

WAHL, Justice.

This appeal questions the standard that governs state appeals of pretrial orders in criminal prosecutions as well as the propriety of the trial court ruling in this case. Joon Kyu Kim is charged with accomplishing sexual penetration by use of force or coercion in violation of Minn.Stat. §§ 609.-344(c) and 609.345(c) (1984). At a pretrial hearing, the state proferred scientific evidence in the form of blood test results linking Kim to semen found at the scene of the alleged rape and a statistical analysis of the frequency with which Kim’s blood type occurred in the local male…