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424 N.W.2d 586

State v. McKinley

Court of Appeals of Minnesota

Decided June 21, 1988

Court of Appeals of Minnesota · decided 1988-06-21

Cited by 2 later decisions — most recently November 1989

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-21

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¶1 SPECIAL TERM OPINION

WOZNIAK, Chief Judge

¶2 FACTS

¶3 Appellant McKinley was found guilty by a jury of receiving and concealing stolen property. He has filed a notice of appeal and a motion for release pending appeal.

¶4 DECISION

¶5 A motion for release pending appeal must first be presented to the trial court. Minn.R.Crim.P. 28.02, subd. 7(3). McKinley’s motion does not show he has made a motion for release in the trial court.

¶6 The trial court is in a far better position than an appellate court to determine whether a defendant is a risk to fail to appear *587 following the conclusion of the appeal, or to commit a serious crime, intimidate witnesses or otherwise interfere with the administration of justice if released pending appeal. Minn.R.Crim.P. 28.02, subd. 7(2). McKinley’s motion addresses only in con-clusory fashion the factors in Rule 28.02, subd. 7(2) governing release pending appeal. Such a motion is entitled only to the most summary consideration.

¶7 Motion for release pending appeal denied.

/424/nw2d/586 · .json · Public domain