Minnesota Supreme Court Petition for Review Update

Last week, on March 27, 2024, the Minnesota Supreme Court granted review of one case, State v. Burth, A23-0004, and stayed the case pending the outcome in State v. Bigbear, A22-1104, where the supreme court is answering an issue similar to the third issue raised in Burth.

The supreme court granted review of the following issues in Burth:

 (1) In a prosecution for animal mistreatment based on deprivation of necessary food, water, or shelter, is it plainly erroneous to permit expert testimony regarding the ultimate mixed question of law and fact—namely, whether any animal was deprived of necessary, food, water, or shelter? 

 (2) In a prosecution for animal mistreatment based on deprivation of necessary food, water, or shelter, is it plainly erroneous to admit evidence regarding the animal’s health and well-being when that evidence is unrelated to the alleged deprivation of food, water, or shelter? 

 (3) If either of the above categories of evidence is inadmissible, must the prejudicial effect of its admission be determined by considering how the erroneously admitted evidence may have influenced the jury's verdict, rather than by considering the strength of the evidence against the defendant alone and in the context of a hypothetical trial where the error did not occur?

Chisago County; animal mistreatment; court of appeals non-precedential opinion.