Legal Opinion · Dissent

State v. Hoelzel

Court of Appeals of Minnesota

Decided December 26, 2000No. C8-00-851Published

1DissentCrippen, Judge

Our decision in this and other similar cases serves the unacceptable end of inserting a prosecutorial veto into the judicial function of making a final disposition in a criminal case. See State v. Krotzer, 548 N.W.2d 252, 254 (Minn.1996) (restating historic principal that final disposition of a criminal case — in that case through a stay of adjudication — is ultimately a matter for the presiding judge, to be determined whether or not approved by the prosecutor); see also State v. Scaife, 608 N.W.2d 163, 165 (Minn.App.2000) (Crippen, J., dissenting) (“The conditional stay of criminal…

2Cases cited5 opinions

  1. State v. KrotzerSupreme Court of Minnesota · 1996
  2. State v. GivensSupreme Court of Minnesota · 1996
  3. State v. FossSupreme Court of Minnesota · 1996
  4. State v. ScaifeCourt of Appeals of Minnesota · 2000
  5. State v. AltCourt of Appeals of Minnesota · 1995

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