Legal Opinion

State v. Rhines

Court of Appeals of Minnesota

Decided January 24, 1989No. C9-88-1522PublishedCited by 4 opinions

1Opinion of the Court

OPINION

STONE, Judge.

Respondent Robert Louis Rhines was charged with one count of perjury pursuant to Minn.Stat. § 609.48, subd. 1(1) (1986) for false statements allegedly made during a guilty plea that he later withdrew. At trial, upon Rhines’ motion, the trial court suppressed Rhines’ testimony at his guilty plea and dismissed the perjury complaint for lack of probable cause.

On appeal, the state argues that the trial court erred in suppressing Rhines’ testimony. Rhines argues that the trial court did not err, but even if it did, principles of double jeopardy prohibit his retrial for perjury.

P…

2Cases cited7 opinions

  1. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  2. Serfass v. United StatesSupreme Court of the United States · 1975
  3. Smalis v. PennsylvaniaSupreme Court of the United States · 1986
  4. United States v. Cornelius J. Kehoe and Ray K. BullockCourt of Appeals for the Fifth Circuit · 1975
  5. City of Albert Lea v. HarrerCourt of Appeals of Minnesota · 1986

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

3Cited by4 opinions

  1. Jupin v. StateDistrict Court of Appeal of Florida · 1995
  2. State v. ShellitoCourt of Appeals of Minnesota · 1990
  3. State, City of Minneapolis v. GilmartinCourt of Appeals of Minnesota · 1996
  4. State v. SahrSupreme Court of Minnesota · 2012

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