Minnesota case law summary by Attorney Richard Clem: criminal law.

Frank Duane Lussier v. State of Minnesota. MN criminal law

In 2003, Frank Duane Lussier pleaded guilty to first-degree murder after stabbing and killing his wife Sharlene in Beltrami County, Minnesota. As part of the trial proceedings, the court accepted into evidence the grand jury testimony of various witnesses. He later filed two petitions for postconviction relief. In the latest, he argued that his guilty plea was inaccurate, and that his attorney in the first postconviction hearing was ineffective in failing to request and evidentiary hearing. The trial court denied the request and Lussier appealed to the Minnesota Supreme Court.

The high court reviewed the record and affirmed, holding that the lower court had not abused its discretion.

No. A14-0312 (Minn. Sept. 10, 2014).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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