State v. McDaniel

534 N.W.2d 290, 1995 Minn. App. LEXIS 887, 1995 WL 406259
CourtCourt of Appeals of Minnesota
DecidedJuly 11, 1995
DocketC6-94-1728
StatusPublished
Cited by8 cases

This text of 534 N.W.2d 290 (State v. McDaniel) is published on Counsel Stack Legal Research, covering Court of Appeals 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. McDaniel, 534 N.W.2d 290, 1995 Minn. App. LEXIS 887, 1995 WL 406259 (Mich. Ct. App. 1995).

Opinion

OPINION

KLAPHAKE, Judge.

Appellant Nathaniel McDaniel argues that he is entitled to a new trial because (1) the evidence is insufficient to support a finding of “great bodily harm” which is required for first-degree assault, and (2) the prosecutor’s remarks during appellant’s cross-examination and closing argument constituted prosecuto-rial misconduct. We affirm.

FACTS

Appellant was convicted of first-degree assault for stabbing Joseph Keller with a knife on October 24, 1993. Appellant and his two witnesses testified that appellant was surrounded by several people and was struck himself before he stabbed Keller. The state, however, produced five witnesses who testified that appellant initiated the attack on Keller and that he was neither surrounded nor struck before he attacked Keller. Appellant and all witnesses agreed that only appellant had a weapon.

On direct examination, defense counsel asked appellant about the discrepancies between his testimony and the testimony of the state’s witnesses. Appellant testified that all witnesses whose testimony differed from his lied because of their gang affiliation. Appellant also testified about his prior convictions.

On cross-examination, the prosecutor explored appellant’s prior convictions and the discrepancies between appellant’s and other witnesses’ testimony. Defense counsel’s only objection came at the close of questioning and no specific grounds were stated. Both the prosecutor and defense counsel also referenced these issues in the closing argument.

Keller’s stabbing injuries were two lacerations and a partially collapsed lung. As a result of the stabbing, Keller sustained a raised, six centimeter scar on the front of his neck and a two-thirds inch raised scar on his right center chest.

ISSUES

I. Did the jury have sufficient evidence to support a finding of “great bodily harm”?

II. Did the prosecutor’s remarks during cross-examination and summation constitute misconduct?

ANALYSIS

I.

Appellant argues that the jury did not have sufficient evidence to find him guilty of first-degree assault.

Where there is a challenge to the sufficiency of the evidence, our review on appeal is limited to a painstaking analysis of the record to determine whether the evidence, when viewed in a light most favorable to the conviction, was sufficient to permit the jurors to reach the verdict which they did.

State v. Webb, 440 N.W.2d 426, 430 (Minn.1989). A verdict will not be disturbed

if the jury, acting with due regard for the presumption of innocence and for the necessity of overcoming it by proof beyond a reasonable doubt, could reasonably conclude that a defendant was proven guilty of the offense charged.

State v. Alton, 432 N.W.2d 754, 756 (Minn.1988).

A person is guilty of first-degree assault if that person “assaults another and inflicts great bodily harm.” Minn.Stat. § 609.221 (1994). Appellant admits that he stabbed Keller with a knife, but he denies that he inflicted “great bodily harm.” “Great bodily harm” is defined as

bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes *293 a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.

Id. § 609.02, subd. 8. The state’s theory of the case was that Keller’s injuries fall within one of the latter two types of injury.

The jury saw Keller in person, as well as photos of the permanent raised scars on his neck and chest. The scar on Keller’s right center chest is two-thirds of an inch long, and the scar on his right upper neck is six centimeters long. The six centimeter scar is on the front of Keller’s neck and highly visible. These injuries constitute “serious permanent disfigurement” under the definition of “great bodily harm.”

To support his insufficiency of the evidence argument, appellant relies solely on State v. Gerald, 486 N.W.2d 799, 802 (Minn.App.1992). In Gerald, this court held that two scars, one-half inch in length, one located in the victim’s ear and the other on the back of his neck behind his ear, did not constitute serious, permanent disfigurement. The scars were “relatively small” and “in areas where they [were] not particularly noticeable.” Id. In contrast, the scars sustained by Keller are larger and prominently located. Therefore, appellant’s reliance on Gerald is misplaced.

II.

Upon a claim of prosecutorial misconduct, the court must determine if there was improper conduct and, if so, whether it was serious. State v. Caron, 300 Minn. 123, 127-28, 218 N.W.2d 197, 200 (1974). In its analysis of the conduct, an appellate court must view the purported misconduct in light of the record as a whole. State v. Ture, 353 N.W.2d 502, 517 (Minn.1984); State v. Wahlberg, 296 N.W.2d 408, 420 (Minn.1980).

A. Cross-Examination Regarding Discrepancies in Testimony

The thrust of appellant’s defense was that he acted in self-defense when confronted by a “gang.” He argues on appeal that the state’s witnesses were gang members who were lying about the incident to protect the gang. Defense counsel cross-examined the state’s witnesses about their alleged gang affiliation and asked appellant to comment on the testimony of those witnesses. By so doing, counsel invited the prosecutor’s cross-examination of appellant on this subject.

Courts have generally allowed a wide range of inquiry on cross-examination. Minn.R.Evid. 611(b). This is particularly true where there is a sharp conflict in the evidence, and where the credibility of the defendant and complainant are critical. State v. Morgan, 235 Minn. 388, 392, 51 N.W.2d 61, 63 (1952). Here, appellant’s version of the stabbing incident differed significantly from that presented by the state’s witnesses. The prosecutor is allowed to explore discrepancies in testimony and the possible prejudice or bias of all witnesses, including the defendant. Id. at 392, 51 N.W.2d at 63. Therefore, the prosecutor’s line of questioning did not constitute misconduct.

Even if the questioning was improper, defense counsel’s failure to object or seek a cautionary instruction suggests that the conduct was not considered prejudicial. See Ture, 353 N.W.2d at 516. The supreme court recently emphasized:

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Cite This Page — Counsel Stack

Bluebook (online)
534 N.W.2d 290, 1995 Minn. App. LEXIS 887, 1995 WL 406259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcdaniel-minnctapp-1995.