State v. Lessley

779 N.W.2d 825, 2010 Minn. LEXIS 107, 2010 WL 813953
CourtSupreme Court of Minnesota
DecidedMarch 11, 2010
DocketA08-1926
StatusPublished
Cited by20 cases

This text of 779 N.W.2d 825 (State v. Lessley) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lessley, 779 N.W.2d 825, 2010 Minn. LEXIS 107, 2010 WL 813953 (Mich. 2010).

Opinions

OPINION

ANDERSON, PAUL H„ Justice.

The State of Minnesota challenges the denial of its motion to remove the Henne-pin County District Court judge assigned to the trial of Tyeric Lamar Lessley. Lessley has been charged with second-degree murder. In a pretrial hearing, Lessley announced that he would waive his right to a jury trial. The State made a motion for the judge to remove himself from presiding over Lessley’s trial. The judge denied the motion. Following this denial, the State asked the Chief Judge of the district to remove the judge. The Chief Judge denied the request. The State then made a motion to deny Less-ley’s jury-trial-waiver request. The trial judge denied the State’s motion and granted Lessley’s waiver request. The State appealed the denial of its motions. The Minnesota Court of Appeals dismissed the appeal, holding that the State had failed to show that the challenged pretrial actions by the judge would have a “critical impact” [828]*828on the outcome of the prosecution. We granted review as to whether the State made the required threshold showing of critical impact, based on either the denial of the State’s request for a jury trial or the judge’s pretrial conduct.

The State, in its briefs and at oral argument, argued that, under the Minnesota Constitution, Lessley could not waive a jury trial without the State’s consent. After oral argument, we asked the parties to file supplemental briefs on the question of whether the Minnesota Constitution requires the consent of both the defendant and the State of Minnesota, as the prosecuting authority, for waiver of a jury trial in a criminal case. Because we conclude that the Minnesota Constitution does not require the consent of the State for waiver of a jury trial in a criminal case, we affirm.

Early in the morning of March 17, 2008, respondent Tyeric Lamar Lessley, Less-ley’s cousin, and a friend finished spending the evening at a nightclub on Hennepin Avenue in Minneapolis.1 When the three men left the nightclub at closing time, the police were responding to an unrelated fight outside the nightclub and the three men were maced. All three men got into a car driven by Lessley’s cousin. They began to drive to a service, station in order to wash out their eyes. While on their way to the service station, their car collided with a pickup truck near the intersection of Third Street and Park Avenue in Minneapolis.

The pickup truck was occupied by three or four men. The occupants of the truck were coming from a bar on Hiawatha Avenue in Minneapolis. After the collision, the car in which Lessley was a passenger kept going, prompting the occupants of the truck to follow the car. While the car was being followed, Lessley pulled out a revolver. The men in the truck were able to stop the car.

After the car was stopped, Lessley got out and began to walk away from the two vehicles. An occupant of the pickup truck, Darby Claar, got out of the truck and followed Lessley on foot. Claar caught up with Lessley and punched Lessley “once or twice,” including once in the jaw. Armed with the revolver — a .44-caliber Smith and Wesson — Lessley shot twice at Claar and hit him once. Lessley then left the scene. Police officers investigating the traffic accident discovered Claar’s body about a half-block from the scene of the traffic accident. An autopsy determined that Claar died from a single bullet wound.

As part of their investigation, the police learned that Lessley might have been involved in the shooting. They also learned that Lessley was from Omaha, Nebraska, and that he was staying at his aunt’s house in south Minneapolis. The police then executed a search warrant at the aunt’s house. During the search, the police found Less-ley and a .44-caliber Smith and Wesson handgun. By the time police found the handgun, they had also recovered what appeared to be a .44-caliber bullet from Claar’s body. The police then arrested Lessley. Police ballistics analysis later matched the bullet taken from Claar’s body to the gun found at the home of Lessley’s aunt.

There is some dispute as to the distance from which Lessley shot Claar. The criminal complaint quotes Lessley as saying the men were about six feet apart, but the medical examiner testified at the omnibus healing that the gun was fired from a range of “two centimeters ... up to three [829]*829feet.” Lessley told the police that he shot Claar in self-defense. Lessley also told the police that he fired twice at Claar after Claar attempted to make him return to the scene of the accident. Lessley said that he left the shooting scene because he had a gun and was scared.

The State charged Lessley with murder in the second degree (intentional), Minn. Stat. § 609.19, subd. 1(1) (2008). Later, the State added a second count of murder in the second degree (unintentional — during commission of a felony), Minn.Stat. § 609.19, subd. 2(1). The case was initially set for trial on October 20, 2008. The State exercised its right under Minn. R.Crim. P. 26.03, subd. 13(4) (2009) (amended Feb. 11, 2010)2 to remove the judge who was initially assigned to the case. The case was reassigned to a second judge and Lessley exercised his right under Rule 26.03 to remove that judge. The case was then reassigned to a third judge.

Lessley filed several pretrial motions. He moved to dismiss the second-degree murder charge on the basis that there was insufficient probable cause that he had acted with intent to kill. He also moved to dismiss on the ground that the State had failed to meet its burden of disproving beyond a reasonable doubt that he had acted in self-defense. Lessley also moved under Minn. R.Crim. P. 15.07 (2009) (amended Feb. 11, 2010)3 for permission to plead to the lesser charge of second-degree manslaughter under Minn.Stat. § 609.205 (2008). Lessley additionally moved for a preliminary hearing to determine the competency of four State’s witnesses, all of whom were alleged to have been intoxicated at the time of the automobile accident and shooting. The judge denied the motion for a hearing. After the motion for a competency hearing was denied, Lessley made a motion to permit him to take the depositions of the same four witnesses, which the judge ultimately denied.

The State asserts that at the omnibus hearing the judge made several statements that rendered the judge unable to act as the sole factfinder in this case. One statement occurred after a motion by Lessley, by which Lessley sought to exclude witness testimony on the basis that the State failed to preserve evidence of the witnesses’ intoxication. The judge denied the motion, and Lessley again requested a competency hearing for the State’s witnesses. The judge then considered whether it should order discovery proceedings to ascertain how much the witnesses had drunk. The State objected to any such discovery proceeding, stating that defense investigators could simply interview the witnesses. The judge initially allowed the discovery but subsequently rescinded its order. Following other pre-trial proceedings, the case was set for trial.

On the scheduled day of trial, Lessley withdrew his Rule 15.07 motion to plead to a lesser charge and waived his right to a jury trial. Immediately after Lessley testified that he wanted to waive a jury trial, the State said that it would ask the judge [830]*830to remove himself from the case.

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Cite This Page — Counsel Stack

Bluebook (online)
779 N.W.2d 825, 2010 Minn. LEXIS 107, 2010 WL 813953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lessley-minn-2010.