On July 28, 2017, D.H. was shot to death in an alley/parking lot area behind a townhouse complex in Minneapolis where D.H.’s sister and his children lived. Surveillance video evidence depicted a man in a hoodie who drew a gun, approached D.H., put the gun to the back of his head, and pulled the trigger. A number of witnesses described the shooter as a light-skinned African-American man with a gray hoodie and long hair in braids or dreadlocks, a description that matched appellant James Andre Woodard. Two of Woodard’s daughters, aged 10 and 11, identified Woodard as the shooter. The 10-year old also mentioned Woodard’s gold teeth as an identifying characteristic. In addition, an adult witness testified to talking with Woodard shortly prior to the shooting and witnessing Woodard commit the shooting.

Woodard was arrested and charged with second-degree murder, with intent-not premeditated. A grand jury then indicted him of first-degree premeditated murder. A 12-day trial was held. At the trial, Woodard sought to submit evidence that another individual who shares his general description (without the gold teeth) may have committed the murder. Specifically, Woodard sought to introduce evidence that the potential alternative perpetrator may have been angry at D.H. due to a prior shooting; that he lived near the site of the murder; and that he disappeared after the murder and no one could find him. The trial court refused to allow the evidence to be admitted, concluding that Woodard had not introduced any evidence connecting the potential alternative perpetrator to the scene of the crime. In its instructions to the jury, the trial court instructed the jury that it need not consider the lesser included charge of second-degree murder if it found Woodard guilty of first-degree murder, contrary to the decision in State v. Prtine, 784 N.W.2d 303, 317 (Minn. 2010). Neither party objected to the instruction. The jury convicted Woodard on the first-degree murder charge, and he was given a mandatory sentence of life in prison without the possibility of release.

On appeal to the supreme court, the issues presented are (1) whether the trial court committed reversible error in refusing to admit appellant’s alternative-perpetrator evidence; and (2) whether the erroneous jury instruction affected appellant’s substantial rights. (Hennepin County)On appeal to the supreme court, the issue presented is whether multiple sentences for OFP violations arising from a single incident may be permitted under the multiple-victim rule. (Crow Wing County)