2009-M-116             State of Minnesota, Respondent, vs. De-Aunteze Lavion Bobo, Appellant, and De-Aunteze Lavion Bobo, Appellant, vs. State of Minnesota, Respondent.

Appellant was found guilty of first-degree murder while committing a drive-by shooting, second-degree intentional murder, second-degree murder while committing a drive-by shooting, and drive-by shooting in connection with the shooting death of James Roberts and injuries sustained by Reginald Nichols. 

Bobo appealed his conviction, but his direct appeal was stayed pending his petition for post-conviction relief.  His direct appeal was combined with his appeal of the denial of his petition for post-conviction relief.  We affirm.

1. The appellant received effective assistance of counsel where complained-of errors were strategic decisions.

2. The district court did not err in closing the courtroom during testimony of a witness where there was evidence that the witness was subject to intimidation and the closure was limited.

3. The appellant was not deprived of a fair trial when the prosecutor implied defendant may have intimidated a witness because the statements were limited in scope and were not inflammatory.

4. Because the appellant’s substantial rights were not affected, a new trial is not necessary on Confrontation Clause grounds where a coroner who did not perform the autopsy testified as to the results of the autopsy.

5. Appellant’s pro se arguments lack merit.

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

[MURDER]