2009-M-105             State of Minnesota, Respondent, vs. Alonzo Jerome Graham, Appellant.

On May 14, 2007, a Hennepin County jury found appellant Alonzo Graham guilty of one count of first-degree murder while committing or attempting to commit first-degree aggravated robbery, and six counts of attempted first-degree aggravated robbery. 

The district court convicted him of one count of first-degree murder while committing or attempting to commit first-degree aggravated robbery and five counts of attempted first-degree aggravated robbery. 

Graham filed a direct appeal to this court.  He raises two primary issues on appeal: (1) whether the State committed prosecutorial misconduct or error, and (2) whether reversal is required because the lead prosecutor for the State was unauthorized to practice law at the time of Graham’s trial.  We affirm.

First, the State did not commit prosecutorial error in requesting independent counsel to represent two alibi witnesses because: (a) the State was able to point to facts which support a reasonable and substantial belief that the witness would offer false or incriminating testimony; and (b) the warnings of self-incrimination were given in an appropriate manner and did not preclude the witnesses from making a free and voluntary choice whether to testify.

Second, the State did not commit prosecutorial misconduct by objecting to defense counsel’s use of impeachment evidence. 

Third, the State’s closing argument was properly based on the evidence and did not amount to prosecutorial error.    

Fourth, appellant’s conviction is not void because the unlicensed status of the lead prosecutor did not result in prejudice requiring reversal.  

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

[MURDER]