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STATE v. DUNCAN

No. 81-570.

316 N.W.2d 518 (1982)

STATE of Minnesota, Plaintiff, v. Terrance Jay DUNCAN, Defendant.

Supreme Court of Minnesota.

March 5, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Gary Hansen and Richard D. Hodsdon, Sp. Asst. Attys. Gen., St. Paul, Alan Mitchell, County Atty., Duluth, for plaintiff.

C. Paul Jones, Public Defender, and Mollie G. Raskind, Deputy Public Defender, Minneapolis, for defendant.

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

YETKA, Justice.

This is a criminal matter in which the district court has certified an issue as important and doubtful pursuant to Minn. R.Crim.P. 29.02, subd. 4 (1980). Since the state was the losing party in the district court and since it was the party that sought and obtained certification, the state had the responsibility of filing an appellant's brief. The state should have filed an appellant's brief within at least...

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