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STATE v. DAHLIN

No. A06-717.

753 N.W.2d 300 (2008)

STATE of Minnesota, Respondent, v. Michael J. DAHLIN, Appellant.

Supreme Court of Minnesota.

July 24, 2008.

Attorney(s) appearing for the Case

Gurdip Singh Atwal, Assistant State Public Defender, St. Paul, MN, for Appellant.

Attorney General — Criminal, St. Paul, MN, Donna J. Wolfson, Assistant County Attorney, Minneapolis, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

GILDEA, Justice.

The question presented in this appeal is whether a party has the right to peremptorily remove a district court judge when a case has been remanded and assigned to that judge for a new trial. Because we hold that Minn. R.Crim. P. 26.03, subd. 13(4), does not guarantee a party the peremptory right to remove a judge from presiding over a new trial on remand, we affirm.

Appellant Michael J. Dahlin appeals his conviction for aiding...

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