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STATE v. OLSON

No. C8-88-1771.

435 N.W.2d 530 (1989)

STATE of Minnesota, Plaintiff, v. Duane Dean OLSON, Jr., Defendant.

Supreme Court of Minnesota.

January 31, 1989.

Attorney(s) appearing for the Case

Phillip S. Resnick, Minneapolis, for defendant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Robert M.A. Johnson, Anoka County Atty., Robert D. Goodell, Asst. County Atty., Anoka, for plaintiff.

Victoria M. Lemburger, Minn. Hosp. Ass'n, Minneapolis, Robert Eelkema, Minn. Medical Ass'n, Minneapolis, amicus curiae.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

The trial court asks us the following certified question:

Whether brain death, defined as irreversible cessation of all functions of the entire brain, including the brain stem, as stated in the Uniform Determination of Death Act * * * constitutes "death" for purposes of Minn.Stat. § 609.20 and Minn.Stat. § 609.19 (1988).

Defendant Duane Olson is charged with second degree murder and first degree manslaughter in the death...

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