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GILBERT v. STATE

A21-1560.

982 N.W.2d 763 (2022)

Larry Jonnell GILBERT, petitioner, Respondent, v. STATE of Minnesota, Appellant.

Court of Appeals of Minnesota.

Filed November 28, 2022.

Attorney(s) appearing for the Case

Mark D. Nyvold , Fridley, Minnesota (for respondent).

Keith Ellison , Attorney General, St. Paul, Minnesota; and Michael O. Freeman , Hennepin County Attorney, Adam E. Petras , Assistant County Attorney, Minneapolis, Minnesota (for appellant).

Considered and decided by Reyes, Presiding Judge; Larkin, Judge; and Halbrooks, Judge.

OPINION

In this appeal from the postconviction court's order granting respondent a new trial, the state argues that the postconviction court erred by not determining whether respondent's claims were procedurally barred and by granting a new trial based on purportedly false testimony. We reverse.

FACTS

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