2008-M-099              State of Minnesota, Respondent, vs. David Michael Tscheu, Appellant.

MAJORITY:  Following a jury trial in Crow Wing County District Court, appellant David Michael Tscheu was convicted of first-degree murder in connection with the death of Bonita Thoms.  Tscheu filed a direct appeal to this court, arguing that the district court erred (1) when it denied his motion for judgment of acquittal at the close of the State's case, (2) by permitting his prior convictions to be used for impeachment, and (3) by admitting hearsay testimony.  We affirm

CONCUR:  Justice Meyer opined:  I concur in the affirmance of Tscheu's conviction but write separately because the majority has incorrectly applied Minnesota's standard of review for when a conviction is based solely on circumstantial evidence.  By giving the State the benefit of all inferences from the evidence, the majority has essentially eliminated our traditional sufficiency review standard.  Nevertheless, when properly evaluated under our traditional standard, I would conclude that the evidence was sufficient to establish guilt of the offense of which Tscheu was convicted.

Gildea (Page, Paul Anderson, and Barry Anderson)

Concur:  Meyer

Took no part:  Magnuson and Dietzen

[MURDER}