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Evidence

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2005

Mitchell Hamline School of Law

Evidentiary hearings

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The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz Jan 2005

The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz

William Mitchell Law Review

A recanting witness is a liar. Either he lied at trial or he is lying now. When the recanting witness’s new story is joined by others, so that his solo is now a chorus, the judicial system must find the delicate balance between fairness to society and protection of the individual defendant’s rights. When the case is old and the recanting witnesses many, the difficulty of finding that balance is even greater. Such were the circumstances facing the Minnesota Supreme Court when, in 2004, it heard the case of Darby Opsahl, a man convicted in 1992 of a murder that …