State v. Stay, A18-0335 - a podcast by TCL Media

Appellant David Stay and D.T. spent the evening of May 13, 2016, at a bar. After closing time, the men got into an altercation outside of the bar. Stay punched D.T. once in the face. D.T. fell to the ground and was unresponsive. D.T. died later than night.

Respondent the State of Minnesota charged Stay with first-degree manslaughter based on misdemeanor assault, Minn. Stat. § 609.20(2) (2018), and other offenses. During trial, Stay requested that the district court instruct the jury that first-degree manslaughter requires that death or great bodily harm be reasonably foreseeable when the predicate offense is fifth-degree assault. The district court denied the request. The jury found Stay guilty of first-degree manslaughter and fifth-degree assault. The court of appeals affirmed Stay’s conviction.

On appeal to the supreme court, the issue is whether the first-degree manslaughter statute, Minn. Stat. § 609.20(2), requires the State to prove that death or great bodily harm was reasonably foreseeable when the underlying crime is misdemeanor assault. (Mille Lacs County)

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