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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Minnesota | State v. Palubicki, 727 N.W. 2d 662 (2007) | Other applicable caselaw |
Trial court did not abuse its discretion in ordering defendant to pay restitution to murder victim's adult children for expenses arising from their voluntary attendance at murder trial, as their + See moreclaimed expenses resulted from the crime; abrogating In re Welfare of D.D.G., 532 N.W.2d 279, State v. DeGrote, 2004 WL 556946. M.S.A. §§ 611A.04(1)(a), 611A.01(b).
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Fines and fees | |
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Minnesota | State v. Lopez-Solis, 589 N.W. 2d 290, 205 (1999) | Costs incurred by a medical examiner in conducting an autopsy, preparing an autopsy report, and testifying at trial are not recoverable under the prosecution costs statute |
Lopez–Solis argues that the costs of a medical examiner conducting an autopsy, preparing an autopsy report, and testifying at trial are costs that should not be imposed against a criminal defendant + See morefollowing conviction. Lopez–Solis contends that because the legislature requires county sheriffs to report all violent deaths to the medical examiner and because it is within the medical examiner's discretion whether to conduct an autopsy, the medical examiner should be viewed as an independent party. See Minn.Stat. § 390.32 (1996). We agree with Lopez–Solis that expenses incurred by medical examiners in conducting an autopsy, preparing an autopsy report, and testifying at trial may not be imposed against a criminal defendant following conviction. These services are provided independent of a criminal prosecution and therefore are not recoverable. Therefore, the $1,200 awarded by the trial court for Dr. Roe's trial testimony is reversed. State v. Lopez-Solis, 589 N.W. 2d 290, 205 (1999)
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Fines and fees |