February 12, 2024, Minnesota Court of Appeals Caselaw Update:

Today, February 12, 2024, the Minnesota Court of Appeals released an opinion in one of Anders Erickson’s appeals and reversed all three of his client’s convictions—ineligible person in possession of ammunition, fourth-degree assault, and domestic assault.  Client was convicted of the charges in St. Louis County District Court and sentenced to sixty months in prison. State v. Brusacoram, A23-0238, A23-0239 (Minn. App. Feb. 12, 2024).

The court of appeals reversed client’s ineligible possession of ammunition conviction under section 609.165, subdivision 1b because the State failed to present sufficient evidence that client was in constructive possession of the ammunition. 

The court reversed client’s fourth-degree assault conviction under  section 609.2231, subdivision 1(c)(1) and domestic assault conviction under section 609.2242, subdivision 4 and remanded for a new trial after the court found that trial counsel’s admission of client’s guilt in written closing arguments was structural error under the Sixth Amendment of the United States Constitution, McCoy v. Louisiana, 138 S.Ct. 1500, 1508 (2018), and State v. Luby, 904 N.W.2d 453, 457 (Minn. 2017).

Court of Appeals Opinion (mncourts.gov)

(The court of appeals did not release any precedential opinions on February 12th)