2009-M-100             State of Minnesota, Respondent, vs. Jeffrey C. Pendleton, Appellant.

Appellant was convicted of premeditated first-degree murder and first-degree murder in the course of a kidnapping in connection with the stabbing death of Robert Berry, Jr. near Morton, Minnesota on September 24, 2004.  Appellant argues that (1) the district court erred in not giving a specific accomplice instruction, (2) the State knowingly presented false evidence when it called a witness whose credibility the prosecutor had questioned at a different trial, (3) there was insufficient evidence to support appellant’s convictions, and (4) the prosecutor engaged in prejudicial misconduct.  We affirm.

First, The district court did not err when it declined to instruct the jury that a witness was an accomplice as a matter of law because the facts did not establish conclusively that the witness could have been indicted for and convicted of the same crime as appellant.

Second, the district court’s decision to allow a witness whose credibility was questioned at the t own trial to testify was not error, because at the witness’ own trial, the State did not question the witness’s credibility on the parts of the testimony elicited at this trial.

Third, there was sufficient evidence to support the jury’s guilty verdict.

Fourth, the State did not commit prosecutorial misconduct

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

               [MURDER]