2007-M-058                State of Minnesota, Respondent, vs. Johnny Jerome Clark, Appellant.

A Dakota County jury found appellant Johnny Jerome Clark guilty of first-degree premeditated murder and first-degree domestic abuse murder for the shooting death of his long-time girlfriend.  The court convicted Clark of first-degree domestic abuse murder and sentenced him to life in prison 

On this direct appeal, the Court reversed because the admission of evidence of two incidents of domestic abuse occurring 13-15 years before two more recent incidents were not sufficiently proximate in time to the recent incidents to be part of a pattern of domestic abuse.

“Because we vacate Clark’s conviction for domestic abuse murder, we remand for conviction and sentencing on the first-degree premeditated murder verdict.   If the adjudicated conviction is later vacated, one of the remaining unadjudicated convictions can then be formally adjudicated and sentence imposed, with credit  given for time already served on the vacated sentence

Meyer (Russell Anderson, Page, Paul Anderson, Hanson, Barry Anderson, and Gildea)

DATE OF DECISION:  October 4, 2007

RECORD NUMBER:  2007-134

FULL OPINION: 

DESCRIPTION:  [MURDER] 

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