The Minnesota Supreme Court grants Anders Erickson’s petition for review in State v. Letourneau.

The Minnesota Supreme Court granted review to determine whether the recently amended first-degree criminal sexual conduct statute, Minnesota Statutes section 609.342, subd. 1(d) (2022), requires the State to prove that the defendant “used” the infliction of bodily harm to engage in sexual penetration or whether the bodily harm can be incidental to the penetration.

The Minnesota Court of Appeals’ opinion that the supreme court will be reviewing:

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The Minnesota Court of Appeals agrees with Anders Erickson’s arguments and dismisses State’s pre-trial appeal.

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Two recent wins at the Minnesota Court of Appeals in State pre-trial appeals.