State v. Duncan

Supreme Court of Minnesota

State v. Duncan

316 N.W.2d 518, 1982 Minn. LEXIS 1487

CourtSupreme Court of Minnesota

DecidedMarch 5, 1982

DocketNo. 81-570

StatusPublished

This text of 316 N.W.2d 518 (State v. Duncan) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Duncan, 316 N.W.2d 518, 1982 Minn. LEXIS 1487 (Mich. 1982).

Pincite

Opinion

YETKA, Justice.

This is a criminal matter in which the district court has certified an issue as important and doubtful pursuant to Minn. R.Crim.P. 29.02, subd. 4 (1980). Since the state was the losing party in the district court and since it was the party that sought and obtained certification, the state had the responsibility of filing an appellant’s brief. The state should have filed an appellant’s brief within at least 60 days ¹ after delivery of the transcript. Minn.R.Crim.P. 29.01, subd. 2; Minn.R.Civ.App.P. 131.01. However, the state’s brief was not filed until long after the time period for filing had expired. Accordingly, we dismiss the appeal, thereby letting stand the trial court’s order, which was favorable to defendant.

Appeal dismissed.

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YETKA, Justice.

This is a criminal matter in which the district court has certified an issue as important and doubtful pursuant to Minn. R.Crim.P. 29.02, subd. 4 (1980). Since the state was the losing party in the district court and since it was the party that sought and obtained certification, the state had the responsibility of filing an appellant’s brief. The state should have filed an appellant’s brief within at least 60 days ¹ after delivery of the transcript. Minn.R.Crim.P. 29.01, subd. 2; Minn.R.Civ.App.P. 131.01. However, the state’s brief was not filed until long after the time period for filing had expired. Accordingly, we dismiss the appeal, thereby letting stand the trial court’s order, which was favorable to defendant.

Appeal dismissed.

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Bluebook (online)

316 N.W.2d 518, 1982 Minn. LEXIS 1487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-duncan-minn-1982.