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STATE v. LESSLEY

No. A08-1926.

779 N.W.2d 825 (2010)

STATE of Minnesota, Appellant, v. Tyeric Lamar LESSLEY, Respondent.

Supreme Court of Minnesota.

March 11, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Patrick C. Diamond, Assistant County Attorney, Minneapolis, MN, for appellant.

William M. Ward, Chief Hennepin County Public Defender, Paul J. Maravigli, Assistant Public Defender, Minneapolis, MN, for respondent.

John W. Lundquist, Sten-Erik Hoidal, Fredrikson & Byron, P.A., Minneapolis, MN; and Teresa Nelson, American Civil Liberties Union of Minnesota, St. Paul, MN, for amicus curiae American Civil Liberties Union of Minnesota.

Robert M.A. Johnson, Anoka County Attorney, Marcy S. Crain, Assistant County Attorney, Anoka, MN, for amicus curiae Minnesota County Attorneys Association.

John M. Stuart, State Public Defender, Benjamin J. Butler, Assistant Public Defender, St. Paul, MN, for amicus curiae Office of the Minnesota State Public Defender.

OPINION

ANDERSON, PAUL H., Justice.

The State of Minnesota challenges the denial of its motion to remove the Hennepin County District Court judge assigned to the trial of Tyeric Lamar Lessley. Lessley has been charged with second-degree murder. In a pretrial hearing, Lessley announced that he would waive his right to a jury trial. The State made a motion for the judge to remove himself from presiding over Lessley's trial. The judge denied the motion. Following...

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