STATE v. RUD

No. C0-84-248.

352 N.W.2d 480 (1984)

STATE of Minnesota, Plaintiff, v. Alvin Harry RUD, Defendant, Rosemary Ann Rud, Defendant.

Court of Appeals of Minnesota.

Review Granted September 12, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., R. Kathleen Morris, Scott County Atty., Shakopee, for plaintiff.

H. Richard Hopper, Asst. Public Defender, Hastings, Richard D. Genty, Chief Public Defender, Winsted, for defendants.

Diane K. Johnson, Shakopee, Paul H. Thomsen, Prior Lake, Guardians-Ad-Litem, amicus curiae.

Patricia A. Hirl, Norton L. Armour, Minneapolis, for Minneapolis Star and Tribune Co., amicus curiae.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Paula D. Osborn, Michael J. Vanselow, St. Paul, for Northwest Publications, Inc. and WCCO-TV, Inc., amicus curiae.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and RANDALL, JJ.


OPINION

POPOVICH, Chief Judge.

This is a prosecution for criminal sexual conduct. The defendants subpoenaed the alleged child victims and a potential child witness to appear at defendants' omnibus hearing. The avowed purpose of eliciting the childrens' testimony was further specificity of the dates of the alleged criminal conduct. The defendants might then either take the stand or call other witnesses to support a motion to dismiss the case for lack of probable...

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