STATE v. RUD

No. C0-84-248.

359 N.W.2d 573 (1984)

STATE of Minnesota, Plaintiff-Petitioner, v. Alvin RUD, Rosemary Ann Rud, Defendant-Respondent.

Supreme Court of Minnesota.

December 21, 1984.


Attorney(s) appearing for the Case

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

H.R. Richard Hopper, Asst. Public Defender, Hastings, for Alvin Rud.

Richard D. Genty, Chief Public Defender, Winsted, for Rosemary Rud.

Patricia Hirl, Norton L. Armour, Minneapolis, amicus curiae for Mpls. Star & Tribune.

Paula D. Osborn, Michael J. Vanselow, St. Paul, amicus curiae for Northwest Publications and WCCO TV.

Diane K. Johnson, Shakopee, Paul H. Thomsen, Prior Lake, guardians-ad-litem.

Jerry Anderson, Janet A. Newberg, Sp. Asst. Attys. Gen., St. Paul, amicus curiae for Atty. Gen.

Jean M. Gerval, St. Paul, amicus curiae for County Attorneys Assoc.

Considered and decided by the court en banc with oral argument.


AMDAHL, Chief Justice.

Defendants, who were charged with criminal sexual abuse of children, subpoenaed the alleged victims and another child to appear at the probable cause portion of the omnibus hearing. Defendants claimed that they needed to question the children in an attempt to determine as specifically as possible the dates of the alleged misconduct. Defendants argued that they then might be able to testify or call other witnesses at the hearing to support a...

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