(DOWNLOAD) "State V. Taylor" by Minnesota Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: State V. Taylor
- Author : Minnesota Supreme Court
- Release Date : January 06, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Respondent Derrick Taylor, also known as "Bigelow," was charged by complaint with third-degree criminal sexual conduct in violation of Minn. Stat. §§ 609.344, subd. 1(b) (1998); 609.101, subd. 2 (1998); and 609.346, subd. 5 (1998), for the alleged sexual assault of a 13-year-old female named M.B. in the laundry room of her apartment building in south Minneapolis. Before trial, Taylor moved to suppress M.B.'s identification of him as her assailant. After a Rasmussen hearing was held on the motion, the trial court suppressed both M.B.'s pretrial identification of Taylor and any in-court identification M.B. might make. As a result, the trial court dismissed the complaint for lack of probable cause. Suppression of M.B.'s identification of Taylor was based on the trial court's finding that the show-up procedure *fn1 used by the police was unreliable in that it was impermissibly suggestive and created a substantial likelihood of irreparable misidentification. The state then moved to amend the complaint and to re-open the Rasmussen hearing in order to present additional evidence. The trial court granted the state's motions. After receiving the additional evidence at the re-opened hearing, the trial court affirmed its earlier decision and dismissed the amended complaint.