Opinion

State of Minnesota v. Clarence Bruce Beaulieu

  • 859 N.W.2d 275
  • 2015 Minn. LEXIS 43
  • 2015 WL 446702
Court
Supreme Court of Minnesota
Filed
Feb 4, 2015
Status
Published
Author
Wright
On the bench
Dietzen, Lillehaug, Wright
Cited by
52 cases

stating that the Osborne forfeiture exception applies when “an intervening change in the law excuse[s] the defendant’s failure to assert what would have otherwise been a futile objection in the district court.”

How later courts described this case

  • stating that the Osborne forfeiture exception applies when “an intervening change in the law excuse[s] the defendant’s failure to assert what would have otherwise been a futile objection in the district court.”
  • noting that “waiver is the intentional relinquishment . . . of a known right” and forfeiture is a “failure to make a timely assertion of a right” (quotation omitted)
  • clarifying that forfeiture doctrine applies when defendant failed to object or raise issue in district court, but plain-error doctrine permits an appellate court to consider forfeited errors
  • defining “forfeiture” as “a failure to make a timely assertion of a right”

Written by the judges who cited it.

The opinion

WRIGHT, Justice

(dissenting).

I join in the dissent of Justice Lillehaug.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.