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STATE v. GUY

No. 51407.

298 N.W.2d 45 (1980)

STATE of Minnesota, Plaintiff, v. Yves Montand GUY, Michael Lee Kidd, Michael Douglas Harvey, Daniel Maurice Winston, Defendants.

Supreme Court of Minnesota.

August 12, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Thomas Johnson, County Atty., and David W. Larson, Asst. County Atty., Minneapolis, for plaintiff.

Clayton Tyler, Legal Rights Center, Inc., Minneapolis, for Guy.

Peter W. Gorman, Minneapolis, for Kidd.

Phillip S. Resnick, Minneapolis, for Harvey.

Ronald M. Diker, Minneapolis, for Winston.

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

SHERAN, Chief Justice.

The trial court, after a suppression hearing, certified as important and doubtful issues of standing of defendants who relied on doctrine of automatic standing for possessory offenses. The doubt was over whether Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), which abolished automatic standing as a matter of federal constitutional law for nonpossessory offenses, also applied to possessory...

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