2008-M-097             State of Minnesota, Respondent, vs. Steven Van Keuren, Appellant.

MAJORITY:  On June 27, 2007, a Washington County jury found appellant Steven Van Keuren guilty of two counts of first-degree premeditated murder for the shooting deaths of his ex-girlfriend, Teri Lynn Lee, and her boyfriend, Timothy Hawkinson, Sr.  The district court sentenced Van Keuren to two consecutive terms of life imprisonment without the possibility of release.  In this direct appeal, Van Keuren argues that:  (1) the district court erred when it failed to give the jury a first-degree manslaughter instruction; (2) the prosecutor committed misconduct when he argued that Van Keuren tailored his testimony to fit the evidence; (3) the district court erred when it denied his change-of-venue motion; and (4) his conviction must be reversed and the indictment dismissed because an unauthorized person, an assistant county attorney, framed his indictment before the grand jury.  We affirm.

CONCUR:  Justice Meyer opined:  I write separately to emphasize that the district court’s refusal to give a first-degree heat-of-passion manslaughter instruction did not constitute error.  In this case, Van Keuren testified that he knew the victim had broken up with him and was dating another man.  In addition, the victim had obtained a no-contact order against Van Keuren that was in place at the time of the murder.  Van Keuren’s claim of provocation fails in this case for the simple fact that he created the situation that provoked his aggression.  By his own admission, Van Keuren broke into the victim’s house with a loaded gun and extra ammunition, prepared to shoot himself in the presence of the victim.  As the aggressor, he was not entitled to a heat-of-passion instruction.  See Stiles v. State, 664 N.W.2d 315 (Minn. 2003) (upholding denial of heat-of-passion instruction when defendant was the aggressor).

Page (Magnuson, Paul Anderson, Meyer, Barry Anderson, Gildea and Dietzen)

Concur:  Meyer

Took no part:  Magnuson

[MURDER}