9/30/2013: No Published Court of Appeals Criminal Opinions

An unpublished opinion, State v. Final Exit Network, Inc., et.al., Minn.Ct.App., 9/30/2013, is noteworthy.  The Opinion made today's papers, deals with "assisted suicide" prosecutions under 609.215.  Here's the Opinion's headnote:

Minn. Stat. § 609.215’s criminalization of speech that “advises” and “encourages” another in taking the other’s life infringes on protected speech and is facially overbroad.

And the concluding paragraph:

In sum, the provisions in Minn. Stat. § 609.215 criminalizing speech intentionally advising or encouraging another in taking the other’s own life are unconstitutional infringements on protected speech. However, the record contains sufficient evidence to establish a reasonable probability that each respondent violated the undisputedly constitutional prohibition on assisting suicide. Accordingly, the district court did not err
by denying respondents’ motions to dismiss the indictments.