2008-M-068             State of Minnesota, Respondent, vs. Derrick Holliday, Appellant.

Appellant Derrick Holliday was convicted in a bench trial of first-degree murder, attempted first-degree murder, second-degree murder, and attempted second-degree murder for the killing of Alan Reitter in downtown Minneapolis during a gang melee in which Reitter was a by-passer.  The Court upheld the district court in this direct appeal.

First, the Court held that the evidence of premeditation was sufficient to support appellant’s

convictions for first-degree premeditated murder and attempted first-degree premeditated

murder.  Second, the Court held that The admission of a witness’ prior out-of-court statements did not violate appellant’s Confrontation Clause rights as guaranteed by the United States and Minnesota

Constitutions where the witness appeared for cross-examination at trial.

Third, the Court held that any error in admitting a witness’ prior out-of-court statements or the testimony of other witnesses regarding those statements under the hearsay rules was harmless where the district court indicated that the statements did not affect the verdict.

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

                              Took no part:  Dietzen

[MURDER}