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GIDDINGS v. STATE

No. 49094.

290 N.W.2d 595 (1980)

Michael Dean GIDDINGS, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

January 11, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Evalynn B. Welling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., Peter M. Banovetz and John E. Desanto, Asst. County Attys., Duluth, for respondent.

Heard before PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court en banc.

TODD, Justice.

Duluth police were called to investigate a family dispute which resulted in Michael Giddings being charged with aggravated assault. At his arraignment, the public defender's office was assigned the defense. Subsequently, police obtained a statement which was used against Giddings at trial. Prior to giving the statement, Giddings signed a Miranda waiver, but indicated he was being represented by the public defender's office. Giddings' attempt...

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