Legal Opinion · Dissent

State v. HEIGES

Court of Appeals of Minnesota

Decided March 30, 2010No. A09-300Published

1DissentRandall, Judge

(dissenting).*

Appellant’s conviction is not supported by sufficient evidence to prove the corpus *916delicti under the relevant statutory provisions and caselaw. I dissent from the majority opinion affirming the conviction and would reverse for lack of evidence.

Appellant “confessed” to A.B. and ultimately confessed to police, after lengthy and leading questioning, that she and E.M. held the infant Sydney under water, preventing her from breathing. There was little evidence apart from these statements to prove the corpus delicti — the death of a live-born child who could be considered a “human…

2Cases cited19 opinions

  1. Opper v. United StatesSupreme Court of the United States · 1954
  2. State v. HannukselaSupreme Court of Minnesota · 1990
  3. People v. LipskyNew York Court of Appeals · 1982
  4. State v. SotoSupreme Court of Minnesota · 1985
  5. State v. KoskelaSupreme Court of Minnesota · 1995

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