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Minnesota Supreme Court upholds Alvarez conviction

September 17, 2013
By Michael Tidemann - Staff Writer , Estherville News

The Minnesota Court of Appeals in a Sept. 11 filing upheld the Jackson County conviction of Juan Humberto Castillo-Alvarez for second-degree murder and kidnapping for his role in the June 1997 death of Gregory Sky Erickson, 15, of Estherville.

In the opinion, the justices held that Minnesota statutes did not bar the Minnesota prosecution because Alvarez's Iowa conviction, which was set aside on appeal, was not a final conviction under the statute.

The court also held that the double jeopardy clause of the Minnesota Constitution allowed successive state prosecutions when a defendant's single act transgresses the laws of both states.

The court also held that the state with the most significant relationship to a unrecorded interrogation is the state in which the prosecution is contemplated at the time of the interrogation.

Erickson was unable to repay a drug debt after he was arrested and the drugs seized. Alvarez provided the weapon that Luis Lua used to shoot Erickson.

 
 

 

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