In re Welfare of B. W.
Opinion of the Court
This is an appeal from an order of the Juvenile Division of the Hennepin County District Court which affirmed the findings of a referee relating to appellant’s participation in the assault and robbery of another juvenile. The related issues on appeal are whether there was, as a matter of law, insufficient evidence identifying appellant as a participant in the assault and robbery, and whether the manner in which appellant was identified violated due process. We affirm.
The evidence indicated that a group of about ten older boys attacked and robbed the victim in a park after school, that the one who struck the victim had on silver-colored pants and shirt, that appellant was part of the group that attacked the victim, that he was the only one in the group wearing silver-colored clothing, and that the victim, although hesitant to identify anyone, positively identified the appellant within an hour after the incident. A consideration of all the relevant factors convinces us that there was no very substantial likelihood that this identification was erro
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.