Legal Question in Criminal Law in Minnesota
dismissed case appealed
if a judge supresses the evidence and dismisses a case can the prosecutor make an appeal to re-open it?
Asked on 3/13/07, 6:26 pm
2 Answers from Attorneys
John Jesperson
Minnesota Lawyers - Jesperson Law Offices
Re: dismissed case appealed
Either party can appeal a decision of the trial court to the court of appeals. The court of appeals may conclude the trial court decision was in error, and the consequence of this would be that the prosecutor can proceed. Strictly speaking, this does not constitute "re-opening" the case. Until all appeal periods have expired, or the court of appeals has ruled, the case is not actually concluded.
Answered on 3/13/07, 8:34 pm
Thomas C. Gallagher
Gallagher Criminal Defense
Re: dismissed case appealed
Yes, if the state appeals within the time allowed under court rules.
Answered on 3/14/07, 1:12 pm
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