STATE OF MINNESOTA

IN SUPREME COURT

C6-98-23

State of Minnesota,

Respondent,

vs.

Brad Alan Voorhees,

Appellant

O R D E R

This court, having considered en banc the petition for rehearing in the above-entitled cause,

IT IS ORDERED:

1. The second paragraph of the slip opinion on page 4 is hereby modified by deleting the second sentence in that paragraph, which sentence reads as follows:

At trial, a friend of Voorhees testified that approximately two weeks before the killing, Voorhees told the friend that he had looked at a gun at K-Mart in West Duluth and that he “felt like killing” Carolyn.

That paragraph shall now read as follows:

Voorhees continued to be upset with Carolyn. Toward the end of July, Carolyn had marriage dissolution papers served on Voorhees. On Sunday, July 28, after he had received the dissolution papers and approximately a week before the killing, Voorhees called Carolyn at her parents' home and told her that he was going to commit suicide by taking pills. He testified at trial that Carolyn responded by saying if he tried to kill himself that way, he would “just end up brain dead,” with someone “feed[ing him] through a straw” for the rest of his life. Immediately after this conversation with Carolyn, Voorhees called his mother, who spoke with him for two hours, calming him down and promising to send him some money to help out with his bills.

2. The second full paragraph of the slip opinion on page 18 is hereby modified by deleting the third sentence in that paragraph, which sentence reads as follows:

Approximately two weeks prior to the killing, Voorhees told a friend that he had looked at a rifle at a K-Mart in West Duluth and that he “felt like killing” Carolyn.

That paragraph shall now read as follows:

Here, based on the evidence presented, the jury could have concluded beyond a reasonable doubt that Voorhees premeditated his killing of Carolyn and that he did not act in the heat of passion. Voorhees and Carolyn were in the process of a marriage dissolution that Voorhees did not want. When Voorhees noticed that Carolyn had purchased a douche at Wal-Mart, he suspected that she was sleeping with another man and became jealous. Shortly after speaking with Carolyn at Wal-Mart, Voorhees purchased the rifle he used to kill her. Jealousy is the reason Voorhees first gave to the police for purchasing the rifle and killing Carolyn.

3. The petition for rehearing is otherwise denied.

Dated this 23 day of July, 1999.

BY THE COURT:

/s/ Paul H. Anderson, Associate Justice