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STATE v. ERICKSON

No. C6-98-1236.

589 N.W.2d 481 (1999)

STATE of Minnesota, Respondent, v. Allen ERICKSON and Forrest Scott Verhoeff, Appellants.

Supreme Court of Minnesota.

March 4, 1999.

Attorney(s) appearing for the Case

John E. Mack, Mack & Daby, New London, for appellant.

Boyd Beccue, Kandiyohi County Attorney, Willmar, Michael Hatch, Robert A. Stanich, St. Paul, for respondent.

John M. Stuart, Minnesota State Public Defender, Lawrence Hammerling, Minneapolis, amicus curiae.

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

OPINION

GILBERT, J.

This case, before us on interlocutory appeal, involves the Kandiyohi County Attorney's Office's blanket exercise of Minn. R.Crim. P. 26.03, subd. 13(4), on substantially all of the county's criminal cases. The rule allows a defendant or prosecuting attorney to peremptorily remove a judge. Since 1994, the County Attorney's Office has filed notices to remove the Honorable John C. Lindstrom in a vast majority of criminal cases prosecuted...

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