State v. Hershberger

POPOVICH, Chief Justice.

The facts of this case are reported in Minnesota v. Hershberger, 444 N.W.2d 282 (Minn.1989) (Hershberger I). On appeal of that decision to the United States Supreme Court, certiorari was granted, the judgment was vacated, and the case was remanded to this court for reconsideration in light of the decision in Employment Div., Dep’t of Human Resources of Oregon v. Smith, 494 U.S. -, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990) (Smith II). Minnesota v. Hershberger, 494 U.S. -, 110 S.Ct. 1918, 109 L.Ed.2d 282 (1990). By order dated June 8, 1990, we required the parties to…