STATE v. FULLER

No. C3-83-2002.

350 N.W.2d 382 (1984)

STATE of Minnesota, Respondent, v. Gary Curtis FULLER, Petitioner,

Court of Appeals of Minnesota.

Review Granted September 5, 1984.


Attorney(s) appearing for the Case

David Malban, Duluth, for respondent.

Robert E. Lucas, Duluth, for petitioner.

Considered and decided by POPOVICH, C.J., and LANSING and HUSPENI, JJ., with oral argument waived.


OPINION

POPOVICH, Chief Judge

Petitioner, Gary Fuller, petitioned this court for a writ of prohibition to test whether he can be tried on a third occasion for the same offense after the first two trials ended in mistrials. This court granted the petition for the temporary writ.

The writ is made absolute.

FACTS

On March 14, 1983, petitioner Gary Fuller, currently a resident of the...

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