2009-M-128              State of Minnesota, Respondent, vs. Jarvis Jermaine Atkinson, Appellant.

On September 26, 2007, was found guilty by a Ramsey County jury of two counts of first-degree murder, one count of second-degree murder, two counts of attempted first-degree murder, and one count of attempted second-degree murder for the shooting death of Gary Sligh and the wounding of Emmanuel Paye.  The trial court convicted Atkinson of one count of first-degree murder for the death of Sligh and imposed the mandatory sentence of life in prison.  For the wounding of Paye, the court convicted Atkinson of one count of attempted first-degree murder and imposed a consecutive 180-month sentence. 

In this direct appeal, Atkinson argues that the trial court abused its discretion when it:  (1) denied his motion to present an alternative perpetrator defense; (2) excluded his proffered alternative perpetrator evidence; (3) admitted rap lyrics seized from him in jail; and (4) failed to strike prejudicial comments by the State’s witnesses.  We affirm.

First, the trial court did not abuse its discretion in excluding alternative perpetrator evidence proffered by appellant.

Second, the trial court did not abuse its discretion in admitting rap lyrics seized

from appellant while he was incarcerated pending trial.

Third, the trial court did not abuse its discretion when it declined to issue a curative instruction or order a mistrial after prosecution witnesses referred to appellant’s incarceration and use of a public defender.

Dourth, the trial court did not commit plain error in failing to issue a curative instruction or order a mistrial after a prosecution witness indirectly referred to appellant’s previous arrests.

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

[MURDER]