In this case the Minnesota Court of Appeals was asked to decide whether the Minnesota Rules of Evidence apply to restitution hearing held under Minn. Stat. §611A.045, subd. 3(b). The trial court overruled objections to documents the state offered during the restitution hearing, concluding that the Rules of Evidence did not apply. The Minnesota Court of Appeals affirmed in relevant part, concluding that because restitution is part of a defendant’s sentence and Minn. R. Evid. 1101 exempts sentencing from the Rules of Evidence, the rules to not apply to restitution hearings. The Minnesota Supreme Court held that the Rules of Evidence apply to restitution hearing held under the statute because they are not listed among the “miscellaneous proceedings” in Minn. R. Evid. 1101(b)(3). Reversed and remanded.
This is a great decision by the Minnesota Supreme Court in favor of fairness and due process of law in restitution hearings.
State v. Willis, A16-0275, Minn. 2017.
Lynne Torgerson, Esq., Criminal Defense Lawyer, was not attorney of record in this case.