2013-M-244             State of Minnesota, Respondent, vs. Derrick Trevor Griffin, Appellant.

A jury found appellant Derrick Griffin guilty of first-degree murder by drive-by shooting and first-degree

premeditated murder, in connection with the death of Kristopher Miller.

 In this direct appeal, Griffin argues that the jury’s verdict must be reversed because of the erroneous admission of out-of-court statements made by his wife, Kim Griffin, and cell phone records obtained without a warrant.  Because we conclude that the district court did not err in admitting the statement or the cell phone records, we affirm.

HELD:  1. The district court did not abuse its discretion in concluding that a statement made by appellant’s wife was admissible under Minn. R. Evid. 807.  

2. Defendant did not meet his burden of establishing a subjective expectation of privacy in cell phone records that police obtained from a cell phone provider without a warrant.  

Affirmed.

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

Took no part:  Lillehaug

[MURDER] 

A12-823,