State v. Munnell

OPINION

FOLEY, Judge.

This opinion clarifies the order of briefing in certification proceedings under Minn. R.Crim.P. 28.03 (effective August 1, 1983). We hold that the party whose requested ruling, position or motion was denied by the certifying trial court is the appellant and must file the first brief.

FACTS

Defendant Munnell was charged with criminal vehicular operation, 1983 Minn. Laws, ch. 12, Sec. 1 (to be codified at Minn. Stat.Sec. 609.21(1)); and driving under the influence, 1983 Minn.Laws ch. 306, Sec. 1 (to be codified at Minn.Stat.Sec. 169.121(1)). At an omnibus hearing she moved for…