State v. Dao Xiong
2013 Minn. LEXIS 219
| Minn. | 2013Background
- Xiong was convicted by a jury of first-degree premeditated murder, second-degree intentional murder, and second-degree unintentional murder during a felony for the death of Lor.
- Trial evidence included autopsy testimony by medical examiner Dr. Froloff and firearms examiner Kurt Moline.
- Xiong did not object to the expert testimony at trial but raises plain-error claims on appeal.
- Dr. Froloff testified that the manner of death was homicide; the defense questioned the evidence's relevance to Xiong's intent.
- Moline testified that the gun could not be discharged accidentally or misfired given testing and trigger-pull analysis; this testimony was admitted without objection.
- The district court gave proper jury instructions on the charged offenses; Xiong challenges the admissibility of expert testimony rather than prosecutorial conduct, and the court affirms the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Dr. Froloff’s homicide opinion | Dr. Froloff’s homicide opinion was not helpful and invaded the jury’s role. | Opinion was helpful; within expert’s role to explain autopsy findings. | Not error; testimony admissible |
| Admission of Moline’s firearms testimony on non-accidental discharge | Testimony improperly stated gun could never discharge accidentally, a legal conclusion | Testimony based on testing and analysis; addressed misfire theory; probative and helpful | Not error; testimony admissible |
Key Cases Cited
- State v. Bradford, 618 N.W.2d 782 (Minn. 2000) (admissibility of medical examiner testimony about manner of death)
- State v. Langley, 354 N.W.2d 389 (Minn. 1984) (experts may opine on issues jury will decide)
- Hestad v. Pennsylvania Life Ins. Co., 204 N.W.2d 433 (Minn. 1973) (deputy coroner testimony about manner of death; limits of expert knowledge)
- State v. Chambers, 507 N.W.2d 237 (Minn. 1993) (prohibits expert testimony on mixed questions of law and fact; mens rea)
- State v. Nystrom, 596 N.W.2d 256 (Minn. 1999) (relevance of general expert theory to self-defense)
- State v. Kuhlmann, 806 N.W.2d 844 (Minn. 2011) (plain-error standard; abuse of discretion in expert testimony)