State v. Andersen. MN criminal law
Kenneth Eugene Andersen was convicted in Becker County, Minnesota of the murder of Chad Swedberg, and he appealed to the Minnesota Supreme Court, which affirmed the conviction.
The Supreme Court, in an opinion written by Justice G.B. Anderson, held that certain alleged omissions and misrepresentations in the search warrant application were not material. It also examined the circumstantial evidence in the case and determined that it was sufficient to convict. It also held that there was no violation of defendant's right to counsel when investigators stopped listening to phone calls from jail as soon as the realized that calls were to an attorney.
Justices Page, Meyer, and P.H. Anderson added concurring opinions regarding the standard of review for the sufficiency of the evidence.
No. A08-1521, 784 N.W.2d 320 (Minn. June 30,2010)
Please see the original opinion for the court's exact language.
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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