Opinion
A22-1063
07-18-2023
Thomas Robert Tichich v. State of Minnesota
ORDER ON PETITION FOR FURTHER REVIEW
Issues Granted:
1) Whether the rule articulated in State v. Noggle, 881 N.W.2d 545 (Minn. 2016), means that the crimes of attempt and completion are mutually exclusive such that guilty verdicts for attempted (uncompleted) third-degree criminal sexual conduct and completed third-degree criminal sexual conduct are legally inconsistent.
2) Whether a court, consistent with its obligation in postconviction proceedings “to extend a broad review,” Butala v. State, 664 N.W.2d 333, 338 (Minn. 2003), may ignore the majority of Petitioner's evidence proffered to satisfy Larrison prong one, instead consider only one expert report to conclude the testimony was not false under Gilbert v. State, 982 N.W.2d 763 (Minn.Ct.App. 2022), review granted (Feb. 22, 2023), and deny Petitioner an evidentiary hearing, when that false testimony was the evidentiary link in this circumstantial-evidence case and might have caused the jury to find Petitioner not guilty without the false testimony.
Granted