Minn. Supreme Court vacates conviction of defendant who died during appeal
The Minnesota Supreme Court has vacated the conviction of a man who died while his case was on appeal.
Mark Burrell was convicted of aggravated forgery for pretending to be his brother Steven when he signed some property tax documents in Austin, Minn. in 2007.
Burrell appealed his conviction, but died last year, just days after oral arguments at the Minnesota Court of Appeals.
William Mitchell College of Law professor Bradford Colbert said while cases like this are rare, the 4 to 1 ruling sets an important precedent.
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"It says quite clearly that if the case is on appeal, and the decision hasn't been made, that they will reverse the conviction as though he were never convicted," Colbert said. "And that's new. At least it's new in Minnesota."
In a dissenting opinion, Minnesota Supreme Court Justice Christopher Dietzen said the decision ignores the interests of society and crime victims.
Ten states let convictions stand if defendants die while their appeals are pending.
But now Minnesota appears to be more in line with federal courts, which also vacate defendants' convictions if they die while appealing a verdict.
"The takeaway from this particular case is that in Minnesota, the appellate process is an integral part of the criminal process," Colbert said. "Until the appellate court affirms a conviction, the person is not truly convicted."