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State v. Gomez10/13/2005
analysis with respect to the Spreigl evidence. I agree with the majority's conclusion that this evidence was properly admitted. But, unlike the majority, I would not focus my analysis on the weakness of the state's case. Rather, I would focus only on the highly relevant nature of the evidence, balance its probative value against its prejudicial effect, and conclude that under our Spreigl jurisprudence, the evidence was properly admitted because its probative value outweighed its prejudicial effect. See Angus, 695 N.W.2d at 119-20, and State v. Bolte, 530 N.W.2d 191, 197 (Minn. 1995).
I would affirm.
ANDERSON, Russell A., Justice (dissenting).
I join in the dissent of Justice Paul H. Anderson.
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