MN Criminal Law

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

State of Minnesota v. Jeffrey Bruce Martin. MN criminal law

In this appeal from Ramsey County, the Minnesota Court of Appeals held: A district court order that stays the imposition of a sentence and provides for the vacatur of a guilty plea and the dismissal of criminal charges at a later date is governed by the caselaw that applies to a stay of adjudication. Accordingly, if a prosecutor does not agree to such an order, a district court may issue the order only if the district court finds that the prosecutor has committed a clear abuse of discretion in the exercise of the charging function.

No. A14-44 (Minn. Ct. App. July 7, 2014, 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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