MATTER OF WELFARE OF E.R.D.

No. C0-95-2223.

551 N.W.2d 238 (1996)

In the Matter of the WELFARE OF E.R.D., Child.

Court of Appeals of Minnesota.

July 2, 1996.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Charlann Winking, and Dwayne A. Bryan, Assistant Public Defenders, Minneapolis, for Appellant.

Roger S. Van Heel, Stearns County Attorney, Janell P. Kendall, Assistant County Attorney, St. Cloud, and Hubert H. Humphrey III, Attorney General, St. Paul, for Respondent.

Considered and decided by NORTON, P.J., and PETERSON and SCHULTZ, JJ.


OPINION

NORTON, Judge.

This case raises the legal issue of application of the Double Jeopardy Clause to a public school suspension. Appellant moved to dismiss a juvenile prosecution against him for possession of a dangerous weapon on school property. He claimed that suspension from school for the same conduct was "punishment" barring further punishment in juvenile court. The trial court denied the juvenile's motion and adjudicated him delinquent. Appellant...

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