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O'MEARA v. STATE

No. C0-02-1982.

679 N.W.2d 334 (2004)

Timothy John O'MEARA, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

May 13, 2004.

Attorney(s) appearing for the Case

Mark D. Nyvold, St. Paul, MN, for Appellant.

Mike A. Hatch, Minnesota Attorney General, Thomas Rolf Ragatz, Assistant Attorney General, Tricia Lynne Matzek, Assistant Attorney General, St. Paul, MN, Joseph A. Evans, Becker County Attorney, Detroit Lakes, MN, for Respondent.

Heard, considered and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Justice.

In this case, we consider the circumstances under which a criminal defendant is entitled to benefit from a new rule of federal constitutional criminal procedure announced by the United States Supreme Court. The precise question we face is whether appellant Timothy John O'Meara's criminal case was "pending" when the United States Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466

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