STATE v. RISKEN

No. C1-81-1345.

331 N.W.2d 489 (1983)

STATE of Minnesota, Respondent, v. Michael RISKEN, Appellant.

Supreme Court of Minnesota.

Rehearing Denied May 6, 1983.


Attorney(s) appearing for the Case

Rapoport, Wylde & Nordby and Jack S. Nordby, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Robert F. Carolan, County Atty., and Mark Nathan Lystig, Asst. County Atty., Hastings, for respondent.

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


SCOTT, Justice.

In 1974 petitioner, under indictment for first-degree murder, entered a negotiated guilty plea to a reduced charge of second-degree murder and was sentenced by the trial court to the statutory maximum prison term for the offense, 40 years. In 1981 petitioner sought postconviction relief in the form of withdrawal of his guilty plea and reinstatement of the original charge on two basic grounds. First, he argued that the factual basis for the plea was...

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