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DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, SEPTEMBER 15, 2014

 

 

A14-1077       Ricky James Bedell, petitioner, Appellant, vs. Tom Roy, Commissioner of
                      Corrections, Respondent.
                      Rice County District Court, Hon. Judge Christine Long.
           A prison inmate's Fifth Amendment right against compelled self-incrimination is violated when he is required, as a condition of participation in a prison-based chemical-dependency-treatment program, to discuss a conviction offense that is on appeal.
           Reversed and remanded.  Chief Judge Edward J. Cleary.



A13-1313
       State of Minnesota, Respondent, vs. Robert John Meyers, Appellant.
                       Hennepin County District Court, Hon. Robert M. Small.
           Departure from a presumptive sentence is properly based on the aggravating factor articulated in Minn. Sent. Guidelines II.D.2.b.(3) (2010) when the underlying conviction involves injury, even if injury is an essential element of the conviction.  The category of offenses subject to an upward departure under this factor includes those current convictions that involve harm or criminal sexual conduct; the basis for departure is that the offender has a prior conviction of an offense involving harm or criminal sexual conduct.
           Affirmed.  Judge Peter M. Reyes Jr.

 

 

 
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