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STATE v. BURRELL

No. A11-1517.

837 N.W.2d 459 (2013)

STATE of Minnesota, Respondent, v. Mark Myrl BURRELL, Appellant.

Supreme Court of Minnesota.

October 2, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN; and Kristen Nelsen , Mower County Attorney, Jeremy Clinefelter , Assistant County Attorney, Austin, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Benjamin J. Butler , Assistant State Public Defender, Saint Paul, MN, for appellant.

OPINION

GILDEA, Chief Justice.

Appellant Mark Myrl Burrell filed a direct appeal challenging his forgery convictions. While his direct appeal was pending in the Minnesota Court of Appeals, Burrell died. Defense counsel filed a motion to abate the prosecution ab initio, arguing that Burrell's death required the court of appeals to vacate the convictions and remand to the district court with instructions to dismiss the complaint. After denying the abatement...

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