State v. Wollan

SHERAN, Chief Justice.

This is a pretrial appeal by the state from an order of the district court dismissing an indictment of defendant for first-degree murder and from an order denying a timely motion by the prosecutor for clarification of the order dismissing the indictment. The appeal raises issues concerning the existence and scope of a general prosecutorial duty to present evidence of mental illness to the grand jury concerning a prospective defendant.

The Grand Jury of Hennepin County returned an indictment against defendant for first-degree murder. While the prosecutor was presenting the…