(Download) "Dwight Kelsey v. State" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free
eBook details
- Title: Dwight Kelsey v. State
- Author : Supreme Court of Minnesota
- Release Date : January 04, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Petitioner, whose jury conviction for attempted first-degree murder, Minn. St. 609.17 and 609.185(1), was affirmed by this court in State v. Kelsey, 293 Minn. 397, 196 N.W.2d 287 (1972), now appeals from the denial of post-conviction relief and of a new trial contending (1) that the trial court erred in refusing to accept a negotiated plea of guilty, made before any witnesses were sworn, to a reduced charge of aggravated assault, ? 609.225; and (2) that the trial court erred in discussing a matter with a juror in counsels presence but outside of petitioners presence. Both of these issues should have been raised on appeal from the judgment since there is no factual dispute and thus no need for a post-conviction evidentiary hearing. Moreover, neither of the issues was raised in the petition for post-conviction relief. Nevertheless, we have considered both issues and affirm the post-conviction court.