2012-M-219           State of Minnesota, Respondent, vs. Tylar James Hokanson, Appellant.

Appellant Tylar James Hokanson was found guilty by a jury of first-degree murder while committing malicious punishment of a child with a past pattern of child abuse for the death of his stepson, 17-month-old Nicholas Arthur Miller. 

In this consolidated appeal, appellant argues that he is entitled to relief because:  (1) his right to present an alternative perpetrator defense was violated when the district court denied defense counsel unfettered access to documents protected by the Minnesota Government Data Practices Act or other legislation; (2) his right to present an alternative perpetrator defense was violated when the district court ruled that potential reverse-Spreigl evidence was inadmissible; (3) the circumstantial evidence against him was insufficient as a matter of law to prove that he engaged in a “past pattern of child abuse”; (4) the jury instructions given relieved the State of its burden to prove beyond a reasonable doubt that he had engaged in a “past pattern of child abuse”; and (5) his defense counsel engaged in ineffective assistance of counsel by failing to object to the erroneous jury instructions.  Because we conclude that his claims lack merit, we affirm appellant’s conviction.

HELD:  First, the district court properly applied the Paradee in-camera-review process.

Second, the district court did not err in excluding reverse-Spreigl evidence.

Third, the State presented sufficient evidence to support appellant’s conviction for first-degree murder.

Fourth, the district court’s jury instruction on the requirements of a past pattern of child abuse fairly and accurately stated the applicable law.

Fifth, appellant was not denied effective assistance of counsel.

Sixth, the post-conviction court did not abuse its discretion in denying appellant’s request for an evidentiary hearing.

Affirmed.

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

            Took no part:  Wright

 [MURDER]