State v. Nissalke, 2011 Minn. LEXIS 386

Nissalke was convicted by jury of first-degree premeditated murder and sentenced to life imprisonment for Ada Senenfelder's death.
Senenfelder was murdered in her Winona, Minnesota home in 1985, stabbed 33 times with a heart wound; case remained unsolved for years.
In 2006, a cold-case reward program brought forward witnesses linking Nissalke to the murder through Erickson and Bolstad-related involvement.
State theory: Nissalke aided Erickson in pressuring Senenfelder to drop charges against Bolstad; a party later discussed killing Senenfelder to cover up the scheme.
Evidence connected Nissalke to the crime via threats, planning, a nighttime presence near the victim's building, a knife seen in his possession, and DNA on cigarette butts and items at the scene.
Defenses challenged evidentiary rulings, jury-room entry by the judge during deliberations, and claimed alternatives involving an alleged co-perpetrator (B.F.).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the judge's entry into the jury room during deliberations requires automatic reversal.	Nissalke argues Mims strict rule applies; intrusion prejudiced deliberations.	Court should treat entry as harmless given timing and lack of deliberations begun.	Mims rule not triggered; no automatic reversal
Whether the district court abused its discretion by excluding alternative perpetrator evidence (B.F.).	Defense entitled to present alternative-perpetrator theory with proper foundation.	Foundational requirements not met; evidence lacked nexus to the crime.	No abuse; threshold foundation not met
Whether prosecutorial misconduct in opening/closing or burden-shifting deprived rights to a fair trial.	State misled or improperly shifted burden by referencing facts not in evidence and by argument.	Any remarks were permissible inference or cured by instructions.	No reversible misconduct
Whether the district court erred in denying strike-for-cause for a biased juror, prejudicing trial.	Juror favored police testimony and could not set aside preconceptions.	Minimal impact given later peremptory strike; error cured.	Cure via peremptory strike; no reversal
Whether the evidence was sufficient to support a conviction for premeditated first-degree murder.	Strong circumstantial and physical evidence plus DNA and admission evidence support verdict.	Challenge to the strength and interpretation of the State's witnesses and evidence.	Evidence sufficient

State v. Mims, 306 Minn. 159 (Minn. 1975) (strict rule prohibiting judge entry into jury room during deliberations)
Brown v. State, 682 N.W.2d 162 (Minn. 2004) (juror-deliberation intrusion by judge examined)
State v. Sessions, 621 N.W.2d 751 (Minn. 2001) (harmless-error standard for judge-jury communications)
State v. Jenkins, 782 N.W.2d 211 (Minn. 2010) (right to present a complete defense; foundational requirements for alternative perpetrators)
State v. Jones, 678 N.W.2d 1 (Minn. 2004) (evaluation of exculpatory evidence under ordinary rules)
State v. Larson, 788 N.W.2d 25 (Minn. 2010) (limitations on admitting alternative-perpetrator evidence; need for nexus)
State v. Vance, 714 N.W.2d 428 (Minn. 2006) (purpose and sufficiency of motive evidence in evaluating alternative-perpetrator theories)
State v. Caron, 300 Minn. 123 (Minn. 1974) (two-tier harmless-error Caron framework for prosecutorial misconduct)