From Casetext: Smarter Legal Research

State v. Schroeder

Supreme Court of Minnesota
May 9, 1980
292 N.W.2d 758 (Minn. 1980)

Opinion

No. 51115.

May 9, 1980.

Appeal from the District Court, Wabasha County, Glenn E. Kelley, J.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Norman B. Coleman, Jr., Sp. Asst. Atty. Gen., St. Paul, Jerome Schreiber, County Atty., Lake City, for appellant.

James C. Nordstrom, Wabasha, for respondent.

Considered and decided by the court en banc without oral argument.


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.


Summaries of

State v. Schroeder

Supreme Court of Minnesota
May 9, 1980
292 N.W.2d 758 (Minn. 1980)
Case details for

State v. Schroeder

Case Details

Full title:STATE of Minnesota, Appellant, v. Harlan Edwin SCHROEDER, Jr., Respondent

Court:Supreme Court of Minnesota

Date published: May 9, 1980

Citations

292 N.W.2d 758 (Minn. 1980)

Citing Cases

State v. Weber

1980), "[G]enerally we will dismiss the state's appeal in such a situation, absent special circumstances."…

State v. Schubring

1982) (citing State v. Olson, 294 N.W.2d 320 (Minn. 1980) and State v. Schroeder, 292 N.W.2d 758 (Minn.…