Minnesota Supreme Court Issues Opinion on Gang Testimony

The Supreme Court of Minnesota has issued an opinion on expert testimony on gangs. The specific context is a Minnesota statute specifically criminalizing murder "for the benefit of a gang," and the opinion's specific ruling is that the unobjected-to testimony in the particular case was not plain error affecting the defendant's substantial rights. The decision nevertheless contains a lengthy analysis of factors pertinent to the admissibility of gang testimony -- a genre that the opinion views with some suspicion. The decision thus has potential value as persuasive authority in other contexts and jurisdictions. See State v. Jackson, No. A05-66 (Minn. June 1, 2006).