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JOHNSON v. STATE

No. C3-95-532.

553 N.W.2d 40 (1996)

David and Gayle JOHNSON, as Trustees for the heirs and next-of-kin of Melissa Noelle Johnson, Respondents, v. STATE of Minnesota and its agents, Orville Pung, et al., Hennepin County and its officers, employees and agents, Thomas Lamb, et al., 180 Degrees, Inc., Petitioners, Appellants.

Supreme Court of Minnesota.

August 29, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, James Alexander, Assistant Attorney General, St. Paul, for the State, et al.

Michael O. Freeman, Hennepin County Attorney, Toni A. Beitz, Sr. Assistant County Attorney, Minneapolis, for Hennepin County, et al.

Patrick D. Reilly, Deborah H. Mande, Minneapolis, for 180 Degrees, Inc.

Cosgrove, Flynn & Gaskins, Susan D. Hall, Scott M. Rusert, Minneapolis, for David Johnson, Gayle Johnson.

Bassford, Lockhart, Truesdell & Briggs, P.A., Frederick E. Finch, Mary L. Galvin, Minneapolis, for Amicus Curiae MN Community Corrections Association.

Kim Z. Mastro, St. Paul, for Amicus Curiae Association of MN Counties.

William J. Jeronimus, St. Paul, for Amicus Curiae MN County Attorneys Association.

Luci R. Botzek, St. Paul, for Amicus Curiae MN Corrections Association.

Wentzel & Fluegel, Wilbur W. Fluegel, Minneapolis, for Amicus Curiae MN Trial Lawyers Association.

Heard, considered and decided by the court en banc.

OPINION

ANDERSON, Justice.

In 1991, Scott Edward Stewart, a parolee on supervised release status, murdered Melissa Noelle Johnson. It is a basic, indeed obvious, rule of law that if one person murders another, the murderer is not only criminally liable for the offense, which will be prosecuted by the state, but is also civilly liable in tort to the estate of the victim. Thus, Stewart was prosecuted by the state for his criminal conduct, was convicted by...

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