2013-M-230             State of Minnesota, Respondent, vs. Dao Xiong, Appellant.

Appellant Dao Xiong was found guilty by a jury of first-degree premeditated murder, second-degree intentional murder, and second-degree unintentional murder while committing a felony, arising out of the death of Youa Ty Lor. 

On appeal, Xiong seeks reversal of his convictions and a new trial based on the district court’s admission of expert testimony offered by a medical examiner and a firearms examiner.  As to both, Xiong argues that the testimony was erroneously admitted because it improperly intruded on the fact-finding role of the jury.  Xiong, who did not object to the testimony at trial, argues that admission of the testimony was plain error affecting his substantial rights.  Our careful review of the record establishes that the district court did not err.  We, therefore, affirm Xiong’s conviction.

1.  The district court properly admitted a medical examiner’s expert testimony that, based on his autopsy of the victim, the victim’s manner of death was homicide.

 2.  A firearms examiner’s expert testimony that the gun used to shoot the victim could not be discharged without pulling the trigger was properly admitted by the district court because the testimony was based on tests that the firearms examiner performed on the gun used to shoot the victim and the testimony was relevant to a contested issue of fact.

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

[MURDER]

A11-2022,