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STATE v. CASSIDY

No. C2-95-831.

567 N.W.2d 707 (1997)

STATE of Minnesota, Respondent, v. Derek Jay CASSIDY, Petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 18, 1997.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender, Donald R. McNeil, Bennett, Brown, Ingvaldson, Coaty & McNeil, P.A., Minneapolis, Thaddeus Lightfoot, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for Appellant.

Hubert H. Humphrey, III, Minnesota Attorney General, St. Paul, Michael D. Williams, Marshall County Attorney, Warren, for Respondent.

Heard, considered and decided by the court en banc.

OPINION

PAGE, Justice.

On January 19, 1995, Derek Jay Cassidy was convicted by a Marshall County jury of the crime of transporting unstamped packages of cigarettes in violation of Minn.Stat. § 297.11, subd. 5 (1996). Cassidy's trial1 commenced on January 18, 1995, and was scheduled to last two days. On the morning of the second day, Cassidy failed to appear. He did, however, call the court and indicate that he had been unable...

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