State v. Milton
2012 Minn. LEXIS 488
| Minn. | 2012Background
- Milton was convicted of first-degree felony murder and attempted first-degree felony murder; sentenced to life with parole eligibility and 220 months concurrent.
- Shell casings were found on the back stairs/platform of Milton’s duplex; Officer Martin seized them without a warrant.
- Shell casings in Milton’s truck were recovered later; prosecutors planned to introduce via statements rather than testimony due to a Confrontation Clause concern.
- Police linked the casings to the Johnson murder; Milton gave multiple statements with changing accounts across interviews.
- Milton appealed on three grounds: suppression of the back-stair casings, prosecutorial misconduct re shell casings in the truck, and lack of an accomplice liability instruction; the court affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plain-view suppression of shell casings on curtilage vs. common area | Milton: curtilage protection barred seizure | Milton: common stairway is curtilage boundary | Common area; plain-view seizure valid |
| Prosecutorial misconduct concerning truck shell casings references | Milton: opening statement and recording references improper | State complied with pretrial agreement; no plain error | No plain error; no misconduct |
| Accomplice liability instruction adequacy | Milton: lack of explicit 'intentionally aiding' element instruction | Court instructed ‘intentionally aided’ but not elaborated; plain error not shown | Incomplete instruction was plain error for first-degree murder but harmless for attempted murder; no new trial required |
Key Cases Cited
- State v. Sorenson, 441 N.W.2d 455 (Minn. 1989) (curtilage protection applies to multifamily settings; shared areas affect privacy expectations)
- Oliver v. United States, 466 U.S. 170 (1984) (curtilage delineation and privacy expectations)
- Zanter v. State, 535 N.W.2d 624 (Minn. 1995) (plain-view seizure requires legitimacy of view and access and immediate incriminating nature)
- Licari v. State, 659 N.W.2d 243 (Minn. 2003) (plain-view exceptions to warrantless seizures)
- DeWald v. Texas, 463 N.W.2d 741 (Minn. 1990) (probable cause for incriminating nature in plain view)
- Mahkuk v. State, 736 N.W.2d 675 (Minn. 2007) (intentionally aiding element requires knowledge and intent; explains accomplice liability)
- Vance v. State, 734 N.W.2d 650 (Minn. 2007) (plain-error framework for unobjected jury instructions)
- Griller v. State, 583 N.W.2d 736 (Minn. 1998) (plain-error review and fairness considerations)
- Reed v. State, 737 N.W.2d 572 (Minn. 2007) (substantial-rights assessment for plain-error)
- Carridine v. State, 812 N.W.2d 130 (Minn. 2012) (heavy burden to show prejudice from instructional error)