State v. Larson

Supreme Court of Minnesota

State v. Larson

254 N.W.2d 380, 1977 Minn. LEXIS 1559

CourtSupreme Court of Minnesota

DecidedMay 13, 1977

Docket47400

StatusPublished

Cited by4 cases

This text of 254 N.W.2d 380 (State v. Larson) 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. Larson, 254 N.W.2d 380, 1977 Minn. LEXIS 1559 (Mich. 1977).

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Opinion

PER CURIAM.

This is an appeal by the state pursuant to Rule 29.03, Rules of Criminal Procedure, from a pretrial omnibus hearing order of the district court denying a motion by the defendant to dismiss a felony prosecution on the ground that he was not brought before the magistrate within 36 hours after his arrest as required by Rule 4.02, subd. 5(1), Rules of Criminal Procedure. The district court, although refusing to dismiss the case, ruled that the state had violated the 36-hour rule and that the proper sanction is to exclude any evidence obtained improperly on account of the delay.

*381 The order denying defendant’s motion to dismiss obviously was not adverse to the state. We accordingly have no occasion to decide the correctness of the trial court’s interpretation of the rule, except to note that the relevant rules for computation of time have since been amended, effective July 1, 1977.

The order suppressing any evidence obtained during that period does not in a practical sense appear to be adverse to the state, for there is nothing in this record to suggest that there was any evidence which would actually be suppressed. We accordingly have no occasion to now determine whether suppression is an appropriate sanction for violation by the 36-hour rule.

Defendant, having filed no brief on this appeal, is not entitled to any statutory award for attorneys fees.

Appeal dismissed.

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PER CURIAM.

This is an appeal by the state pursuant to Rule 29.03, Rules of Criminal Procedure, from a pretrial omnibus hearing order of the district court denying a motion by the defendant to dismiss a felony prosecution on the ground that he was not brought before the magistrate within 36 hours after his arrest as required by Rule 4.02, subd. 5(1), Rules of Criminal Procedure. The district court, although refusing to dismiss the case, ruled that the state had violated the 36-hour rule and that the proper sanction is to exclude any evidence obtained improperly on account of the delay.

*381 The order denying defendant’s motion to dismiss obviously was not adverse to the state. We accordingly have no occasion to decide the correctness of the trial court’s interpretation of the rule, except to note that the relevant rules for computation of time have since been amended, effective July 1, 1977.

The order suppressing any evidence obtained during that period does not in a practical sense appear to be adverse to the state, for there is nothing in this record to suggest that there was any evidence which would actually be suppressed. We accordingly have no occasion to now determine whether suppression is an appropriate sanction for violation by the 36-hour rule.

Defendant, having filed no brief on this appeal, is not entitled to any statutory award for attorneys fees.

Appeal dismissed.

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Bluebook (online)

254 N.W.2d 380, 1977 Minn. LEXIS 1559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-larson-minn-1977.

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