2010-M-138             State of Minnesota, Respondent, vs. Zachary Otis Matthews, Appellant.

Appellant Zachery Otis Matthews was found guilty by a Hennepin County jury of first-degree premeditated murder, first-degree domestic-abuse murder, second-degree intentional murder, and interference with a dead body, arising out of the strangulation death of Kristine Larson on December 19, 2007.  Matthews was sentenced to life without the possibility of release.  On appeal, Matthews argues (1) that the district court erred in failing to properly instruct the jury regarding the past-pattern-of-domestic-abuse element of first-degree domestic-abuse murder; (2) that prosecutorial misconduct in the closing argument deprived him of a fair trial; and (3) various other pro se arguments.  Because the jury instructions correctly stated the law, the alleged prosecutorial misconduct during closing argument did not affect Matthews‘ substantial rights, and Matthews‘ pro se arguments lack merit, we affirm.

First, the district court did not commit plain error in its jury instructions regarding relationship evidence and past-pattern-of-domestic-abuse evidence.

Second, alleged prosecutorial misconduct during the closing argument did not affect appellant‘ssubstantial rights, and therefore did not deprive appellant of a fair trial. 

Third, appellant‘s pro se arguments lack merit.

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

[MURDER]