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State ex Rel. Krahn v. Tahash

Supreme Court of Minnesota
Jul 15, 1966
144 N.W.2d 262 (Minn. 1966)

Summary

holding denial of allocution not prejudicial because PSI provided "adequate assurance" that the court considered the defendant's version of events and other potential mitigating facts

Summary of this case from State v. Bradley

Opinion

No. 40,183.

July 15, 1966.

Criminal law — sentence — imposition before giving defendant right of allocution.

Appeal by William Herman Krahn from an order of the Washington County District Court, William T. Johnson, Judge, denying his petition for a writ of habeas corpus. Affirmed.

William Herman Krahn, pro se, for appellant.

Robert W. Mattson, Attorney General, and Gerard W. Snell, Solicitor General, for respondent, warden of State Prison.


Defendant, William H. Krahn, an inmate of the State Prison, seeks review of an order denying his petition for a writ of habeas corpus.

Defendant was tried and convicted of assault in the second degree. A presentence investigation was conducted and a report submitted to the trial judge, after which, on August 22, 1962, defendant, accompanied by counsel, appeared for sentencing. He was arraigned on a previous felony conviction to which he entered a plea of guilty after being advised that the offense subjected him to the penalties of the Habitual Offender Act. The court then imposed the maximum sentence without first determining whether defendant wished to say anything on his own behalf. Following an announcement of the sentence he intended to impose, the court admonished defendant, stated that he had given the matter careful thought, and concluded there was no alternative but to send defendant to the State Prison. After assuming this uncompromising position, the court asked defendant, "Did you have something you wanted to say?," to which defendant replied, "No, sir." At no time during this proceeding did defendant's counsel speak in his behalf nor is there any indication that defendant requested his counsel to remain silent.

There is no question but that defendant would be entitled to have his sentence vacated in accordance with State ex rel. Searles v. Tahash, 271 Minn. 304, 136 N.W.2d 70, were it not for the fact that the court had before it the presentence investigation and report. His belated inquiry as to whether defendant had something to say was, as a practical matter, an empty gesture made as it was only after sentence had been imposed and defendant had received an admonition which clearly did not invite discussion. As indicated in the Searles case, however, failure to afford the accused an opportunity to speak on his own behalf does not require that the sentence be vacated if, by a presentence investigation, there is adequate assurance, as there was in this case, that the court took into account the defendant's version of the events leading to his conviction and other background information which is normally considered in mitigation of the penalty.

Affirmed.


Summaries of

State ex Rel. Krahn v. Tahash

Supreme Court of Minnesota
Jul 15, 1966
144 N.W.2d 262 (Minn. 1966)

holding denial of allocution not prejudicial because PSI provided "adequate assurance" that the court considered the defendant's version of events and other potential mitigating facts

Summary of this case from State v. Bradley

holding that right to present mitigation may be satisfied when court conducts presentence investigation

Summary of this case from McGee v. State

In State ex rel. Krahn v. Tahash, 274 Minn. 567, 144 N.W.2d 262, this court refused to extend its ruling in Searles to situations wherein a presentence investigation was held.

Summary of this case from State ex Rel. Napiwoski v. Tahash

In Krahn, the Minnesota Supreme Court held that because the district court had a presentence investigation report that provided "adequate assurance... that the court took into account the defendant's version of the events leading to his conviction and other background information which is normally considered in mitigation of the penalty" prior to sentencing, a failure to provide a right of allocution did not require that the sentence be vacated. 274 Minn. at 567-68, 144 N.W.2d at 262-63.

Summary of this case from State v. Thomas
Case details for

State ex Rel. Krahn v. Tahash

Case Details

Full title:STATE EX REL. WILLIAM HERMAN KRAHN v. RALPH H. TAHASH

Court:Supreme Court of Minnesota

Date published: Jul 15, 1966

Citations

144 N.W.2d 262 (Minn. 1966)
144 N.W.2d 262

Citing Cases

State v. Thomas

But a violation of the right of allocution is not always prejudicial. See State ex. rel. Krahn v. Tahash, 274…

Tomlinson v. State

Although the trial judge did give the defendant and his counsel the right to speak after the sentence was…