2013-M-248             State of Minnesota, Respondent, vs. Val Derick Diggins, Appellant.

Appellant Val Derick Diggins was found guilty by a Hennepin County jury of two counts of first-degree premeditated murder and two counts of first-degree felony murder arising out of the shooting deaths of Charles Woods-Wilson and Ira Brown, and three counts of first-degree aggravated robbery involving three other victims.  The district court entered judgment of conviction and imposed sentence.  On appeal, Diggins argues that the court erred by: (1) overruling his Batson objection to the State’s peremptory challenge of an African-American prospective juror, and (2) admitting evidence that he

assaulted and threatened a witness two days before trial.  Because we conclude that the court did not err, we affirm Diggins’ convictions.  We also deny Diggins’ motion for supplemental briefing

1. The district court did not err by overruling appellant’s Batson objection to the State’s peremptory challenge of an African-American prospective juror.  The State articulated race-neutral explanations for exercising the peremptory challenge, and appellant failed to prove that the challenge constituted purposeful racial discrimination.

2. The district court did not abuse its discretion by admitting evidence that appellant assaulted and threatened a witness two days before trial to prove consciousness of guilt.

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

Took no part:  Lillehaug

[MURDER]

 A08-1143,