State of Minnesota v. Steven Douglas Nelson

Summary

The Minnesota Supreme Court held that the district court did not plainly err by admitting an unavailable witness's prior sworn testimony, including prior cross-examination, without obtaining the defendant's personal waiver of his Sixth Amendment confrontation right. Because existing binding authority did not clearly require a personal waiver under the circumstances, any error was not plain. The court affirmed the court of appeals and Nelson's convictions.

Holdings

1. The district court did not plainly err by admitting D.A.'s prior sworn testimony, including prior cross-examination, without obtaining Nelson's personal waiver because no binding authority clearly or obviously required a defendant to personally waive the confrontation right under these circumstances.
2. The court declined to decide whether article I, section 6, of the Minnesota Constitution requires a personal waiver because Nelson did not argue that the state constitutional provision provides greater protection and the claim failed under plain-error review.

Questions Presented

1. Whether the district court plainly erred by admitting D.A.'s prior testimonial testimony without obtaining Nelson's personal, on-the-record waiver of his Sixth Amendment confrontation right.
2. Whether the Minnesota Constitution required a different analysis from the Sixth Amendment under the circumstances presented.

Disposition

affirmed