2008-M-095             State of Minnesota, Respondent, vs. Larry Larue Clark, Appellant.

MAJORITY:  In 1970, St. Paul police officer was murdered by a sniper who lured police to the killing zone with a false telephone call for help.

In 2006, Clark and Ron Reed were convicted for the murder.

The Court reversed Clark’s conviction on his direct appeal in 2008.  It found that the trial judge had failed to give a required instruction to the jury.  The district court did not instruct the jury on the

corroboration requirement for accomplice testimony under circumstances where the jury

could reasonably conclude that the witness is an accomplice.

In 2009, Clark reached a plea agreement to serve one more year for a total of five years for the murder of Officer Sacket.

DISSENT:  Justice Page opined: “ I believe the court’s decision to remand for a new trial is error.  My review of the record leads me to the conclusion that the corroborating evidence relied on by the court is insufficient as a matter of law and therefore may not be used to support Clark’s conviction.  Because I further conclude that the remaining evidence, absent the accomplice testimony, is legally insufficient to support Clark’s conviction, I would reverse Clark’s conviction outright and not remand for a new trial.”

Paul Anderson  Meyer, Barry Anderson, and Gildea)

               Dissent:  Page

               Took no part:  Magnuson and Dietzen

[MURDER}