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STATE v. MELCHERT-DINKEL

No. A11-0987.

844 N.W.2d 13 (2014)

STATE of Minnesota, Respondent, v. William Francis MELCHERT-DINKEL, Appellant.

Supreme Court of Minnesota.

March 19, 2014.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN; and G. Paul Beaumaster , Rice County Attorney, Terence Swihart , Assistant County Attorney, Benjamin Bejar , Assistant County Attorney, Faribault, MN, for respondent.

Terry A. Watkins , Watkins Law Office, LLC, Faribault, MN, for appellant.

Cort C. Holten , Jeffrey D. Bores , Chestnut Cambronne PA, Minneapolis, MN, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.

Robert Rivas , Sachs Sax Caplan, P.L., Tallahassee, FL, for amici curiae Final Exit Network, Inc. and Jerry Dincin.

Kyle White , Saint Paul, MN, for amicus curiae National Alliance on Mental Illness of Minnesota.

OPINION

ANDERSON, Justice.

After communicating with appellant William Melchert-Dinkel, Mark Drybrough and Nadia Kajouji each committed suicide. This appeal presents the issue of whether the State of Minnesota may, consistent with the First Amendment, prosecute Melchert-Dinkel for advising, encouraging, or assisting another in committing suicide in violation of Minn.Stat. § 609.215, subd. 1 (2012), which makes it illegal to "intentionally advise[], encourage...

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