State v. Roers

OPINION

HUSPENI, Judge.

Respondent was indicted by a grand jury for first and second degree murder. The district court dismissed the indictment based on prosecutorial misconduct and grand jury irregularities, and the state appealed. This *754court affirmed dismissal for grand jury irregularities but did not address the issue of prosecutorial misconduct. When the state subsequently moved to file a new complaint or indictment pursuant to Minn.R.Crim.P. 17.06, subd. 4(3), the trial court denied the motion, stating that its prior order dismissed the indictment for noncurable defects, thus barring the…