STATE v. POWELL

Nos. C0-96-1699, C8-96-1700.

578 N.W.2d 727 (1998)

STATE of Minnesota, Appellant, v. Kye Lamar POWELL, Respondent.

Supreme Court of Minnesota.

May 14, 1998.


Attorney(s) appearing for the Case

Michael O. Freeman, Hennepin County Attorney, Jean E. Burdorf, Assistant County Attorney, for Appellant.

John M. Stuart, Minnesota State Public Defender, Ann McCaughan, Assistant State Public Defender, for Respondent.

Heard, considered, and decided by the court en banc.


OPINION

STRINGER, Justice.

The court of appeals reversed the district court's order denying postconviction relief and the state appeals. Because the postconviction court did not abuse its discretion in denying respondent's petition, we reverse.

On May 7, 1994, around 11:30 p.m., respondent Kye Powell and three friends, D.F., A.H., and A.M., all minors, left a barbecue at A.H.'s house in Minneapolis. Near the intersection of 13th Avenue and 21st Street...

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