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JOHNSON v. STATE

No. A10-1540.

801 N.W.2d 173 (2011)

Toby Earl JOHNSON, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 10, 2011.

Attorney(s) appearing for the Case

John L. Lucas , Minneapolis, MN, for appellant.

Lori Swanson , Attorney General, St. Paul, Minnesota; and Michael K. Junge , McLeod County Attorney, Glencoe, MN, for respondent.

Considered and decided by the court without oral argument.

OPINION

MEYER, Justice.

Appellant Toby Earl Johnson was indicted September 22, 1999, on three felony counts for the murder of R.P.: murder in the first degree—intentional murder while committing a kidnapping (Minn.Stat. § 609.185(a)(3) (2010)); murder in the second degree—intentional murder (Minn. Stat. § 609.19, subd. 1(1) (2010)); and kidnapping (Minn.Stat. § 609.25, subd. 1(3) (2010)).

On April 10, 2000, Johnson and...

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