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MATTER OF WELFARE OF J.E.K.

No. C2-89-2196.

454 N.W.2d 260 (1990)

In the Matter of the WELFARE OF J.E.K.

Supreme Court of Minnesota.

April 13, 1990.

Attorney(s) appearing for the Case

Bruce N. Ringstrom, Asst. District Public Defender, Moorhead, John M. Stuart, State Public Defender, Susan K. Maki, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Robert A. Stanich, Sp. Asst. Atty. Gen., St. Paul, John E. Pearson, Becker County Atty., Detroit Lakes, for respondent.

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

KELLEY, Justice.

The sole issue on this appeal is whether the court of appeals erred in dismissing the appeal of a juvenile, J.E.K., from a pre-trial order of the district court referring him for prosecution as an adult. Complying with Minn.R.Juv.P. 31.01 (1988), J.E.K. timely filed his notice of appeal with the clerk of district court where the matter was heard. However, because the clerk of the appellate courts did not receive the notice until later, the court of...

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