2010-M-162              State of Minnesota, Respondent, vs. Stafon Edward Thompson, Appellant.

MAJORITY:  Stafon Edward Thompson was charged with two counts of first-degree premeditated murder and two counts of first-degree murder while committing aggravated robbery for the deaths of Katricia Daniels and her 10-year-old son, Robert Shepard.  Thompson was found guilty by a jury of all four counts and sentenced to two consecutive life terms without the possibility of release.  Thompson directly appealed his convictions, claiming the district court erred in admitting certain statements he made to the police and in admitting computer-generated images of the crime scene.  He also claims his trial counsel was ineffective, and that consecutive life sentences for a 17-year-old constitute cruel and unusual punishment.  We affirm the convictions.

First, the district court did not err in admitting a recorded statement made by the defendant because a person in the defendant’s circumstance would not have reasonably believed he was in custody to the degree associated with a formal arrest. 

Second, the district court did not err in admitting a recorded statement made by a juvenile offender after the juvenile was permitted to call his mother, a Miranda warning was given, and the juvenile chose to speak with the investigators.

Third, the district court did not abuse its discretion in finding that computer-generated images of a crime scene were helpful and there was no unfair prejudice to the defendant.

CONCUR:  Justices Page and Paul Anderson opined: “I concur in the result, but I write separately to note that I would hold that it was error for the trial court to admit into evidence the recording of Thompson’s conversation with his mother.

I would conclude that the police improperly recorded the conversation between Thompson and his mother and that admitting evidence of that conversation at trial was error.  While I believe that the admission of such evidence was in error, I concur in the result as the error in admitting that evidence was harmless beyond a reasonable doubt.

               Meyer  (Gildea, Barry Anderson, and Dietzen)

               Concur:  Page and Paul Anderson

               Took no part:  Stras

               [MURDER]