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   State Courts - Minnesota - December 28, 2006

  
Spears v. State, A05-319, SUPREME COURT OF MINNESOTA, December 28, 2006, Filed
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Overview: Because defendant's Apprendi claims had substantive merit and his failure to raise them on direct appeal was not deliberate or inexcusable, Minnesota Court of Appeals erred in determining that Apprendi claims were procedurally barred; his sentence violated due process as the maximum sentence was 30 years in prison and he was sentenced to 40 years.

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State v. Dobbins, A05-320, SUPREME COURT OF MINNESOTA, December 28, 2006, Filed
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Overview: State's peremptory challenge of only African-American venireperson was not racially discriminatory under Minn. R. Crim. P. 26.02, subd. 6a(3) because State's reason for striking the venireperson, because it believed that she was sympathetic to those who were accused of and had been convicted of criminal offenses, was not implausible or fantastic.

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