Monday, March 25, 2013

Supreme Court Summaries of April Oral Arguments in Criminal Cases

Links are to previous posts.


Tuesday, April 2, 2013
Supreme Court Courtroom, State Capitol
State of Minnesota, Respondent vs. Christopher Dineaa Bahtuoh, Appellant – Case Nos. A10-1584, A12-1281:  A jury found appellant Christopher Bahtuoh guilty of several offenses, including first-degree drive-by shooting murder committed for the benefit of a gang.  Bahtuoh appealed his conviction, and the supreme court granted his request to stay his appeal in order to pursue postconviction relief.  Bahtuoh filed a petition for postconviction relief, which the district court denied. 
In a consolidated appeal involving Bahtuoh’s direct and postconviction appeals, the following issues are presented to the supreme court: (1)  whether Bahtuoh is entitled to a new trial because the district court erroneously instructed the jury on accomplice liability; (2) whether Bahtuoh received ineffective assistance of counsel; (3) whether the district court abused its discretion when it denied Bahtuoh’s motion for a mistrial; and (4) whether there was insufficient evidence to prove that Bahtuoh intended to aid the shooter in the commission of a crime.  (Hennepin County)
Wednesday, April 3, 2013
Supreme Court Courtroom, State Capitol
 Nonoral:       Otha Eric Townsend, petitioner, Appellant vs. State of Minnesota, Respondent – Case No. A12-1734:  In 1994, a jury found appellant Otha Townsend guilty of first-degree murder, and Townsend was sentenced to life in prison.  Townsend subsequently pleaded guilty to attempted first-degree murder and was sentenced to 72-months in prison, to be served consecutively to his life sentence.   The supreme court affirmed his convictions on direct appeal.  In May 2012, Townsend filed a motion challenging his sentence.  This motion was Townsend’s fourth request for postconviction relief.  The district court denied the motion. 
            On appeal to the supreme court, the following issues are presented:  (1)  whether the district court erroneously treated Townsend’s motion as a petition for postconviction relief; (2) whether Townsend’s claims are time barred under Minn. Stat. § 590.01, subd. 4 (2012); (3) whether Townsend’s claims are procedurally barred by State v. Knaffla, 309 Minn. 246, 243 N.W.2d 737 (1976); and (4) whether Townsend’s jail credit should apply to his sentence for first-degree murder.  (Ramsey County)
Thursday, April 4, 2013
Supreme Court Courtroom, State Capitol
            Nonoral:       Rusttee Allan Torres, petitioner, Appellant vs. State of MinnesotaRespondent – Case No. A12-0570:  Appellant Rusttee Torres was convicted, following a jury trial, of first-degree murder. The supreme court affirmed his conviction on direct appeal.  In March 2011, Torres filed his second petition for postconviction relief, based, in part, on newly discovered evidence.  The district court held an evidentiary hearing and then denied Torres’ petition.
            On appeal to the supreme court, the issue presented is whether the district court abused its discretion when it concluded that Torres had failed to establish that he was entitled to a new trial based on newly discovered evidence.  (Rice County)
Monday, April 8, 2013
Courtroom 300, Minnesota Judicial Center
            State of Minnesota, Appellant/Cross-Respondent vs.George Cornelius Watkins, Respondent/Cross-Appellant – A11-1793:  Respondent George Watkins was convicted of violations of a domestic abuse no-contact order (DANCO).  In order to convict Watkins, the State was required to prove that he “knowingly violated” the DANCO.  The trial court’s final instructions to the jury omitted this element.  In addition to sentencing Watkins to an executed term of 44 months in prison, the trial court imposed a new 5-year DANCO.  The court of appeals reversed Watkins’s conviction.
            On appeal to the supreme court, the following issues are presented: (1) whether the trial court’s plain error failure to properly instruct the jury on the element of intent was prejudicial as a matter of law; and (2) whether the trial court exceeded its statutory authority when it imposed a DANCO as part of an executed sentence.  (Hennepin County)
State of Minnesota, Respondent vs. Juan Humberto Castillo-Alvarez, Appellant – Case Nos. A11-1379, A12-0081:  Gregory Erickson was kidnapped in Iowa and then driven to Minnesota where he was murdered.  In 2004, Iowa charged appellant Juan Castillo-Alvarez with the murder of Erickson.  Following a jury trial, Castillo-Alvarez was convicted of second-degree murder.  In 2009, the Iowa Court of Appeals reversed the conviction based on a violation of Iowa R. Crim. P. 2.33, which establishes a speedy trial rule.
In 2010, Minnesota charged Castillo-Alvarez with the murder of Erickson.  Castillo-Alvarez moved to dismiss the charge, claiming the double jeopardy protections of the Minnesota Constitution and Minn. Stat. § 609.045 (2012) barred prosecution.  He also moved to suppress his out-of-state, unrecorded statement to an FBI agent, claiming the statement was obtained in violation of State v. Scales, 518 N.W.2d 587 (Minn. 1994).  The district court denied both motions.  Following a jury trial, Castillo-Alvarez was convicted of second-degree murder.  The court of appeals affirmed the conviction.
On appeal to the supreme court, the following issues are presented: (1) whether the double jeopardy protections of the Minnesota Constitution and Minn. Stat. § 609.045 bar prosecution; and (2) whether Scalesapplies to out-of-state interrogations.  (Jackson County)    
Wednesday, April 10, 2013
Courtroom 300, Minnesota Judicial Center
            State of Minnesota, Respondent vs. Eddie Cortez Smith, Appellant – Case No. A11-1687:  Appellant Eddie Smith was driving a car at a speed of more than 50 miles per hour in a residential neighborhood when he hit another car in which 93-year-old Edith Schouveller was a passenger.  Smith had an alcohol concentration of .11 shortly after the accident. 
            Schouveller’s spinal cord was fractured during the accident.  She spent 13 days in the hospital and was then transferred to a nursing home and rehabilitation care center.  After two days at the nursing home, she was admitted to the hospital and diagnosed with pneumonia.  Several days later, doctors determined that Schouveller required intubation.  Schouveller, however, had executed a living will with a do-not-resuscitate order specifying that she not be intubated.  Doctors did not intubate Schouveller, and she died later that evening.
            After a jury trial, Smith was convicted, in part, of criminal vehicular homicide.  The court of appeals affirmed Smith’s conviction.
            On appeal to the supreme court, Smith raises the following issues in his brief:  (1)  whether the State failed to prove that Smith caused the death of Schouveller; (2) whether Schouveller’s do-not-resuscitate order was a superseding cause of Schouveller’s death; and (3) whether Smith is entitled to a new trial because the district court failed to instruct the jury on the effect of a finding that something was a superseding cause of Schouveller’s death.  (Ramsey County)

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