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STATE v. ROERS

No. C0-94-333.

520 N.W.2d 752 (1994)

STATE of Minnesota, Appellant, v. Susan Evelyn ROERS, Respondent.

Court of Appeals of Minnesota.

Review Denied October 14, 1994.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James C. Backstrom, Dakota County Atty., Robert R. King, Jr., Lawrence F. Clark, Asst. County Attys., Hastings, for appellant.

Earl P. Gray, Mark D. Nyvold, Gray & Malacko Law Offices, St. Paul, for respondent.

Thomas J. Harbinson, Shakopee, for amicus curiae Minnesota County Attys. Ass'n.

Considered and decided by AMUNDSON, P.J., and HUSPENI and KALITOWSKI, JJ.

OPINION

HUSPENI, Judge.

Respondent was indicted by a grand jury for first and second degree murder. The district court dismissed the indictment based on prosecutorial misconduct and grand jury irregularities, and the state appealed. This court affirmed dismissal for grand jury irregularities but did not address the issue of prosecutorial misconduct. When the state subsequently moved to file a new complaint or...

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