2010-M-139             State of Minnesota, Respondent, vs. Brandon D. Cox, Appellant.

Brandon D. Cox was convicted in Hennepin County District Court of first-degree felony murder, and felon in possession of a firearm, in connection with the shooting death of James Moody. 

In this appeal, Cox argues that the admission at trial of grand jury testimony of a potential State witness who expressed reluctance to testify at trial, was released from a subpoena, and did not testify at trial, violated his confrontation rights under the United States Constitution. 

We conclude that admission of the testimony was constitutional error, that the error was not harmless beyond a reasonable doubt, and that retrial does not violate the Double Jeopardy Clause.  Therefore we reverse Cox’s convictions and remand for a new trial.

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

[MURDER]