2007-M-059                State of Minnesota, Respondent, vs. Trevor Anthony Brown, Appellant.

MAJORITY:  Brown was convicted of aiding and abetting a 1998 first-degree felony murder in 1999.  The Court reversed that verdict in 2004.  Brown was convicted again.  Here, the Court affirmed that conviction.

First, the Court held that limitation on cross-examination of a State’s witness neither abridged appellant’s Sixth Amendment rights nor constituted an abuse of discretion.  Second, the Court held that prosecutorial impropriety in cross-examination of appellant was cured by court instructions.  Third, the Court held that the admission of a digital copy of analog surveillance videotape was not an abuse of discretion under the circumstances.

CONCUR:  Justices Meyer, Paul Anderson, and Hanson opined:  “I write separately to note my disagreement with the majority’s conclusion that the limitation on cross-examination of Propps did not abridge Brown’s Confrontation Clause rights.  I would conclude that the district court erred when it permitted Brown on cross-examination to only establish that Propps grew up in the same neighborhood with Robinson, had a long-standing relationship with Robinson, and frequently socialized with Robinson.  Evidence that Propps and Robinson were members of the same gang was important to establish Propps’s bias in favor of Robinson and against Brown.  Brown was prevented from fully exploring Propps’s bias in favor of Robinson and, therefore, his right to confront the witnesses against him was violated.  Nevertheless, I would conclude that the refusal to allow cross-examination on gang membership was harmless error, and, therefore, I concur in the result.”

Russell Anderson (Page, Barry Anderson, and Gildea)

Concur:  Meyer, Paul Anderson, and Hanson

DATE OF DECISION:  October 11, 2007

RECORD NUMBER:  2007-138

FULL OPINION: 

DESCRIPTION:  [MURDER] 

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