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Terry Lee West v. Minnesota

Paid petition · Court of Appeals of Minnesota, No. A16-1959 · judgment November 6, 2017


Certiorari denied · June 11, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Were Appellant's Miranda rights violated when he was questioned while in custody, without being given his Miranda rights? Further, Appellant was questioned after having counsel appointed, without his counsel present. The trial court initially suppressed one of the statements but subsequently changed its own ruling and allowed all but the most flagrant violation/evidence to be used by the state. Were Appellant's Fourth Amendment rights violated when the trial court upheld the faulty warrant? Did the trial court err by allowing the prior testimony of Appellant into evidence at the second trial? IV Did the trial court err by allowing exhibits/recording taken by the informant into evidence without testimony from the informant? Did the trial court err in finding Appellant guilty based upon inadmissible evidence? Did the trial court err when finding that the firearms enhancement of MSA § 609.11 applied to Appellant? Did the Trial Court Abuse its Discretion and Prejudice Appellant's Case by Denying the Defense the Ability to Have the Expert Witness Testify?

Counsel of record

For petitioner
Terry Lee West

For respondent
Gregory Alan Widseth
Polk County Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 11 2018
    Petition DENIED.
  2. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  3. May 14 2018
    Waiver of right of respondent Minnesota to respond filed.
  4. Apr 10 2018
    Petition for a writ of certiorari filed. (Response due May 14, 2018)