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01-11-1989 Council Agenda
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01-11-1989 Council Agenda
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Thomas M. Sweeney <br />George F. Borer <br />Paul T. Ostrow <br />Douglas 8. Meslow <br />Sweeney & Borer <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />LJ sr as <br />CITY OF <br />'∎ LITTLE CANADA C, <br />386 North Wabasha Street ` ../ <br />St. Paul, Minnesota 55102 •' )N , <br />J,e <br />December 22, 1988 <br />Mr. Joseph G. Chlebeck <br />City Clerk <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: State vs. John B. Rachie <br />Our File No. 6187 <br />Dear Joe: <br />Telephone <br />(612) 222.2541 <br />The above - captioned case relates to driving under the <br />influence of alcohol and other charges on June 23, 1986. The <br />original trial date was November 16, 1986. For many different <br />reasons, the trial of this case was continued on numerous <br />occasions either at the request of the defendant or with his <br />acquiescence. The matter was again set for trial on February <br />16, 1988. At that time, the Honorable Kathleen Gearin dismissed <br />the case in the "interests of justice" because, in the judge's <br />opinion, the defendant should have been tried sooner. The <br />record in this case did not include the necessary demands for a <br />speedy trial by opposing counsel. Because of the possible <br />proliferation of such dismissals by the Ramsey County Court <br />since there are many cases of a similar age on the calendar, we <br />determined it was necessary that Judge Gearin's decision be <br />appealed to the Minnesota Court of Appeals. As we discussed in <br />our letter of March 29, 1988, the Rules of Criminal Appellate <br />Procedure provide that the Appellate Court may allow for the <br />taxation of the attorney's fees and costs of the defendant even <br />though the State is successful on appeal. <br />In this regard, please find enclosed a copy of the Syllabus <br />of the Minnesota Appellate Court relative to this matter. As <br />you will see, the Appellate Court held that Judge Gearin was in <br />error when she dismissed this case on the ground that the <br />defendant was denied his right to a speedy trial. However, the <br />Appellate Court did award attorney's fees in the amount of <br />$1,500 and costs in the amount of $300. These amounts are <br />substantially less than the claims submitted by the defendant's <br />attorney as to attorney's fees and costs. <br />PAGE -16- <br />
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