Legal Opinion · Dissent

Carlton v. State

Supreme Court of Minnesota

Decided July 18, 2012No. A10-2061Published

1DissentPage, Justice

I respectfully dissent. The court’s conclusion that persons convicted of a crime under state law in Minnesota do not have a constitutional right to at least one substantive review of their conviction is flawed. In this case, in which appellant has had no substantive review of his conviction, I find the court’s almost casual disregard for its responsibility to ensure due process troubling! Our “unique” tradition of the right to one review, first articulated in State v. Knaffla, 309 Minn. 246, 251-52, 243 N.W.2d 737, 741 (1976), and subsequently applied in at least 13 instances, see infra, is a…

2Cases cited66 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Griffin v. IllinoisSupreme Court of the United States · 1956
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. Illinois v. AllenSupreme Court of the United States · 1970
  5. McDonald v. City of ChicagoSupreme Court of the United States · 2010

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