2013-M-242             State of Minnesota, Appellant/Cross-Respondent, vs. Taylor James Pass, Respondent/Cross-Appellant.

A jury acquitted respondent/cross-appellant Taylor James Pass of two counts of second-degree murder for the stabbing death of Tina San Roman, but deadlocked on two other counts for the stabbing of a second victim, O.A.R.  

In preparation for a retrial on the unresolved counts, the district court excluded the State’s evidence related to San Roman’s death, concluding that the evidence would substantially prejudice Pass, confuse

the issues, and mislead the jury. 

The court also granted Pass’s motion to dismiss the remaining counts on the ground that exclusion of Pass’s alternative-perpetrator evidence related to San Roman’s death would violate Pass’s due process right to present a complete defense. 

The court of appeals affirmed the district court’s decision.  We reverse and remand to the district court for further proceedings.

HELD:  1. The district court’s dismissal of the State’s criminal complaint on due process grounds did not constitute an acquittal on the merits for double jeopardy purposes.

2. The exclusion of alternative-perpetrator evidence under Minn. R. Evid. 403 did not violate the respondent’s due process right to present a complete defense.

Reversed and remanded.

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

Took no part:  Lillehaug

[MURDER]

A12-635,