STATE v. WOLLAN

Nos. 51643, 51613.

303 N.W.2d 253 (1981)

STATE of Minnesota, Appellant (51643), Petitioner (51613), v. Bruce C. WOLLAN, Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 26, 1981.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael M. McGlennen and Thomas A. Weist, Asst. County Attys., Minneapolis, for appellant in No. 51643.

Thomas L. Johnson, County Atty., John Tierney, Chief, Criminal Division, Vernon E. Bergstrom, Chief, Appellate Section, Minneapolis, for petitioner in No. 51613.

William R. Kennedy, Hennepin County Public Defender, and Monte M. Miller, Asst. Public Defender, Minneapolis, for respondent.

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


SHERAN, Chief Justice.

This is a pretrial appeal by the state from an order of the district court dismissing an indictment of defendant for first-degree murder and from an order denying a timely motion by the prosecutor for clarification of the order dismissing the indictment. The appeal raises issues concerning the existence and scope of a general prosecutorial duty to present evidence of mental illness to the grand jury concerning a prospective defendant.

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