Tichich v. State

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Thomas Robert Tichich v. State of Minnesota

No. A22-1063

Supreme Court of Minnesota

July 18, 2023

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...