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State v. Evenstad6/6/2000
how that she had lied about being fired from this job.
A review of H.S.'s testimony reveals that she was asked whether she was subject to UA's at her job , how often these occurred, and whether she had participated in each one required. She stated that she was required and had participated in all required UA's and that the frequency depended on the facility where she was employed. Both the question and answer are vague and not specific as to the job she held at the time of the assault. The impeachment evidence offered was that no UA's were done on H.S. while on that job. The court found that testimony had not established whether or not she had taken or claimed to have taken a UA at that job, so that the impeachment would not have value.
Evenstad also sought to impeach H.S. by showing that she had been fired from that job , rather than leaving it because of scheduling conflicts. A review of the trial transcript shows that S.W. had testified that H.S. left her job because of scheduling conflicts; H.S. had not testified at all about this issue. The trial court properly ruled that H.S. could not be impeached by extrinsic evidence.
The trial court may exclude even relevant evidence if the probative value is outweighed by confusion of the issues, or where there are considerations of undue delay, waste of time or needless presentation of cumulative evidence. Minn. R. Evid. 403. Because here the impeachment testimony was based on such a vague foundation, the trial court did not abuse its discretion in excluding the testimony.
IV. Motion to Dismiss
Appellant moved the court to dismiss that part of his appeal based on ineffective assistance of counsel, because he has filed a petition for postconviction relief. Where additional facts need to be developed, the question of ineffective assistance of counsel should be raised in a postconviction proceeding, rather than on direct appeal. State v. Gustafson, ___ N.W.2d --___, ___ No. CX-98-1465, slip op. at 12 (Minn. May 18, 2000). We therefore dismiss that part of this appeal dealing with ineffective assistance of counsel.
Affirmed; motion to dismiss granted.
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