John R. Boone, Jr. - Page 21

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          during the trial in order to allow both parties an opportunity to           
          present their arguments fully and to allow the Court to review              
          carefully the exhibits in question.  Petitioner no longer objects           
          to the admission of Exhibits P (Judgment and Probation/Commitment           
          Order regarding petitioner's father dated September 22, 1982) and           
          U (Judgment and Probation/Commitment Order regarding petitioner's           
          father dated April 29, 1988); those exhibits will therefore be              
          received into evidence.                                                     
               Exhibit S is an unsigned complaint dated October 26, 1987,             
          by Special Agent Phil Wagner for the Minnesota State Bureau of              
          Criminal Apprehension against Charles Lee Grass, an alias of                
          petitioner's father, charging him with the manufacture and                  
          distribution of marijuana or possession with intent to                      
          manufacture and distribute marijuana.  Exhibit S does not recite            
          any facts which connect petitioner to the illegal activities of             
          his father, nor does it reveal any facts which tend to show that            
          petitioner's father possessed a substantial amount of money which           
          petitioner could have appropriated.  We therefore conclude that             
          Exhibit S is irrelevant to the issue for which it is offered and            
          is therefore inadmissible.  Fed. R. Evid. 401.                              
               Exhibit T is a copy of an indictment against John Robert               
          Boone a/k/a Charles Lee Grass, filed on November 17, 1987, in               
          which he was charged with the manufacture of, possession with               
          intent to distribute, and distribution of, marijuana.  As with              
          Exhibit S, the indictment contains no mention of any cash, either           




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