State v. Bernardi

OPINION

GORDON W. SHUMAKER, Judge.

Appellant challenges his conviction of first-degree assault — use of deadly force against a peace officer, arguing that there is insufficient evidence to convict him of that crime; that an out-of-court statement made by an unavailable declarant should have been admissible under the hearsay exception in Minn. R. Evid. 804(b)(5); and that the district court erred in prohibiting defense counsel from commenting in closing argument on the state’s decision not to call certain witnesses. Because there is sufficient evidence to support the conviction and the district…