Legal Opinion

Barnes v. State

Court of Appeals of Minnesota

Decided September 8, 1992No. CX-91-2401PublishedCited by 2 opinions

1Opinion of the Court

OPINION

DAVIES, Judge.

This appeal is from an order denying a postconviction petition seeking the withdrawal of appellant Barnes’ plea of guilty to aggravated robbery. We reverse and remand.

FACTS

Appellant Russell Barnes was charged with first degree burglary, aggravated robbery, and four counts of second degree assault. Barnes pleaded not guilty and the case went to trial.

On the second day of jury deliberations, one of the jurors became ill. The trial court gave Barnes a choice whether to have a mistrial declared, or to proceed with 11 jurors. Barnes decided to proceed with the 11 remaining…

2Cases cited7 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. State v. TrottSupreme Court of Minnesota · 1983
  3. State v. GouletteSupreme Court of Minnesota · 1977
  4. Joon Kyu Kim v. StateSupreme Court of Minnesota · 1989
  5. State v. JohnsonSupreme Court of Minnesota · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. WilliamsNew Jersey Superior Court Appellate Division · 1994
  2. State v. HoffaCourt of Appeals of Minnesota · 1994

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