2011-M-180             State of Minnesota, Respondent, vs. Audie Matthews, Appellant.

Appellant Audie Matthews was found guilty by a jury of first-degree murder, Minn. Stat. § 609.185(a)(3) (2010), for the March 8, 2008, shooting death of Blaine Christofferson.  The district court convicted Matthews and imposed a sentence of life imprisonment.  In this direct appeal, Matthews asserts two arguments.  First, Matthews argues the district court erred in admitting expert testimony that the police dog tracked a “fear scent.”  Second, he argues the State failed to present sufficient evidence to support his conviction.  Because we conclude that there is no reasonable likelihood the “fear scent” testimony substantially affected the jury’s verdict and the State presented sufficient evidence to support the conviction, we affirm. 

First, the police officer’s expert testimony that a police dog tracked a “fear scent” did not affect appellant’s substantial rights.

Second, the circumstantial evidence was sufficient to support appellant’s conviction of first-degree murder

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

[MURDER]