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654 N.W.2d 660

State v. Chomnarith

Supreme Court of Minnesota

Decided January 2, 2003

Supreme Court of Minnesota · decided 2003-01-02

Good law ✅— No negative treatment on recordhow we know

Decided 2003-01-02

How this case has been cited

Cited by 18 later decisions — most recently May 2024

18 state decisions

90200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1CONCURRENCE

GILBERT, Justice

¶2(concurring).

¶3I concur with the result reached by the majority. I agree with the holding that the admission of trial witness identification photographs for jury deliberations was improper. However, I would respectfully end the opinion with that holding and eliminate the dicta based on supposition and speculation relating to issues that were not properly raised at the trial court level. My concern relates to editorial comments about “tacit racial comment” that did not occur and to the method by which the pictures were offered at trial when no objection as to method occurred during trial. Dicta such as this weakens our jurisprudence and encourages trial lawyers to sit on their hands rather than raise appropriate and timely objections. This deprives the trial court of the opportunity to correct errors as they occur and inappropriately rewards appellate lawyers for creatively coming up with new theories of objection long after trial when no adequate record was made.

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