State v. Schroeder

Supreme Court of Minnesota

State v. Schroeder

292 N.W.2d 758, 1980 Minn. LEXIS 1399

CourtSupreme Court of Minnesota

DecidedMay 9, 1980

Docket51115

StatusPublished

Cited by4 cases

This text of 292 N.W.2d 758 (State v. Schroeder) 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.

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State v. Schroeder, 292 N.W.2d 758, 1980 Minn. LEXIS 1399 (Mich. 1980).

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Opinion

PER CÚRIAM.

This is a pretrial appeal by the state, pursuant to R. 29.03, R.Crim.P., from an order of the district court suppressing evidence and dismissing the prosecution of defendant for making terroristic threats in violation of Minn.Stat. § 609.713, subd. 1 (1978). The state’s brief was not filed within the time limit established by R. 29.03, subd. 2(5), R.Crim.P., on the filing of the appellant’s brief. Generally, absent special circumstances, we will dismiss the appeal in such a situation. Here no such special circumstances appear which would justify exercise of our appellate jurisdiction. While we therefore do not reach the issues raised by the appeal, we note that the state is free to reissue a complaint if it has other evidence establishing that it has probable cause to prosecute.

Dismissed. Pursuant to R. 29.03, subd. 2(8), R.Crim.P., defendant is awarded attorneys fees in the amount of $400.

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PER CÚRIAM.

This is a pretrial appeal by the state, pursuant to R. 29.03, R.Crim.P., from an order of the district court suppressing evidence and dismissing the prosecution of defendant for making terroristic threats in violation of Minn.Stat. § 609.713, subd. 1 (1978). The state’s brief was not filed within the time limit established by R. 29.03, subd. 2(5), R.Crim.P., on the filing of the appellant’s brief. Generally, absent special circumstances, we will dismiss the appeal in such a situation. Here no such special circumstances appear which would justify exercise of our appellate jurisdiction. While we therefore do not reach the issues raised by the appeal, we note that the state is free to reissue a complaint if it has other evidence establishing that it has probable cause to prosecute.

Dismissed. Pursuant to R. 29.03, subd. 2(8), R.Crim.P., defendant is awarded attorneys fees in the amount of $400.

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292 N.W.2d 758, 1980 Minn. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schroeder-minn-1980.

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