CASE LAW UPDATE: Whether defendant’s mistake of age defense in 3rd degree criminal sexual conduct case was valid?
In 2017, defendant pleaded guilty to 3rd degree criminal sexual conduct with a child. Defendant later brought a petition for post conviction relief. In the petition, defendant raised a mistake of age defense to challenge the plea’s validity. The Minnesota Court of Appeals concluded that defendant waived the mistake of age defense by pleading guilty. The Minnesota Court of Appeals then affirmed the trial court’s summary dismissal of defendant’s petition for post conviction relief.
Miller v. State, A20-0430, Hennepin County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.