State v. Morrow, 2013 Minn. LEXIS 367

Background

Morrow was indicted in Ramsey County on nine counts, including first-degree premeditated murder and two counts of attempted first-degree premeditated murder, for firing a semiautomatic AK-47 at Rivera and two friends.
The State presented grand jury evidence based on police summaries of Morrow’s statements; Morrow was not called to testify before the grand jury.
During trial, the district court admitted a photograph of Rivera as a child, and Sergeant Payne testified about Morrow’s statements; Morrow sought a mistrial and other relief.
Morrow testified he acted in self-defense and that he did not have a plan, while admitting he fired 15 shots and that he hid the gun after the shooting.
The jury found Morrow guilty on all counts; he received a life sentence for Rivera’s murder and two consecutive 180-month terms for attempted murders.
On direct appeal, Morrow raised multiple challenges to the indictment, suppression of his first statement, the child photograph, mistrial, and surrebuttal closing argument, among other pro se issues; the Minnesota Supreme Court affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Indictment dismissal for grand jury misconduct	Morrow argues the State’s grand jury conduct violated his rights and misled the grand jury.	State contends there was no misconduct that substantially influenced the indictment.	Indictment not dismissed; no substantial influence by misconduct.
Voluntariness of Morrow’s first police statement	Statement was involuntary due to coercive tactics and focus on his father.	Statement voluntary under totality of circumstances.	Statement admissible; voluntary under totality of circumstances.
Admission of child spark of life photograph	Photograph inflamed passions and was improper spark of life evidence.	Photograph admissible as limited spark of life evidence.	Not error; district court did not abuse discretion.
Effect of Sergeant Payne’s trial testimony on due process	Payne’s testimony was prejudicial and premature; mistrial should have been granted.	Testimony was inadvertent and not prejudicial; mistrial improper.	No due process violation; mistrial not warranted.
Denial of surrebuttal closing argument	State misstated law regarding R.W.’s immunity and credibility; surrebuttal needed.	Court properly exercised discretion; any error harmless.	Error, if any, harmless beyond a reasonable doubt; no new trial required.

Key Cases Cited

State v. Penkaty, 708 N.W.2d 185 (Minn. 2006) (presumption of regularity for indictments; misconduct requires grave doubt of independence of indictment)
State v. Scruggs, 421 N.W.2d 707 (Minn. 1988) (heavy burden to overturn an indictment for grand jury misconduct)
State v. Lynch, 590 N.W.2d 75 (Minn. 1999) (consider whether grand jury misconduct substantially influenced indictment; post-trial verdict relevant)
State v. Roan, 532 N.W.2d 563 (Minn. 1995) (prosecutor should not withhold evidence that negates guilt in grand jury)
State v. Wollan, 303 N.W.2d 253 (Minn. 1981) (grand jury requests for additional evidence; permissible scope of evidence)
State v. Anderson, 298 N.W.2d 63 (Minn. 1980) (voluntariness factors in confession; coercion by promises to release a friend)
State v. Jackson, 770 N.W.2d 470 (Minn. 2009) (grand jury is to determine probable cause, not guilt or innocence)
State v. Montanaro, 463 N.W.2d 281 (Minn. 1990) (pre-trial dismissal when grand jury transcript misleads on post-shooting conduct)
State v. Zabawa, 787 N.W.2d 177 (Minn. 2010) (assessment of voluntariness and required standard of proof)
State v. Evans, 756 N.W.2d 854 (Minn. 2008) (spark of life evidence allowed within limits)
State v. Scales, 518 N.W.2d 587 (Minn. 1994) (spark of life evidence; limited use to personalize victim)
State v. Day, 619 N.W.2d 745 (Minn. 2000) (admissibility of photographic evidence in trial)
State v. Silvers, 230 Minn. 12, 40 N.W.2d 630 (Minn. 1950) (prosecutor cannot persistently elicit incompetent questions)