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Published - Sunday, November 30, 2008
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County attorney appealing appeals court decision

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The Winona County Attorney’s Office will refile an appeal against a Winona judge involving a plea deal in an attempted murder case.

Court of Appeals Chief Judge Edward Toussaint refused Tuesday to take up the appeal — filed in October by prosecutors and the defense attorney for Rochester, Minn., resident Nicholas Howard Greenwood — the judge ruled the petition lacked written evidence. Winona County Attorney Chuck MacLean said last week he plans to send that evidence to the court and ask it to reconsider.
Greenwood, 27, tried to plead guilty Oct. 22 to assault with a dangerous weapon and ineligible possession of a firearm, but Judge Jeff Thompson rejected the plea because it restricted how long Greenwood could spend in prison. The plea would have allowed either party to withdraw if Thompson sentenced outside the sentencing range agreed to by the lawyers.

MacLean and Chief Public Defender Karen Duncan signed a petition Oct. 29 to the court of appeals to force Thompson to reconsider the plea and bar him from making such rejections on future cases — based on a local rule that has not been approved by the Minnesota Supreme Court.

Toussaint wrote that the petition lacked a transcript of the Oct. 22 hearing and was also missing the written rule Thompson supposedly followed. MacLean said he obtained a written copy of the local rule and sent it to the court of appeals.

Greenwood is charged with 23 felonies, including attempted murder, assault with a dangerous weapon, drive-by shooting and terroristic threats. Court documents show he fired seven shotgun shells into a St. Charles, Minn., home Aug. 6, 2005, after making racist comments to the home’s Hispanic occupants. No one was injured in the incident.
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bartski wrote on Dec 7, 2008 6:12 PM:

" Statute Schmatute...follow one around and find out. If I was a cop and someone decided they were going to follow me around I would go out of my way to find a good excuse to hit them so hard their friends would cry. I'll give you a stature. "

Sonny wrote on Dec 6, 2008 10:13 PM:

" When did it become illegal to follow cop cars? What statute covers that? "

sameold wrote on Dec 6, 2008 12:07 AM:

" Interpret? For being the word wizard that you claim I was, you'll need to explain exactly what you're talking about because I don't know. "

bartski wrote on Dec 5, 2008 12:55 PM:

" You're right sameold, I actually interpreted the legalese to be a defense strategy. Sorry, next case! All rise! "

sameold wrote on Dec 5, 2008 11:46 AM:

" What if a car full of hispanics come shooting at the LEC, would that be CUTE? "

sameold wrote on Dec 5, 2008 11:44 AM:

" Yes exactly Bartski, now you get it. That legal "gobbledegook" as you call it, is part of the reason he's NOT already in prison where HE SHOULD BE!! "

bartski wrote on Dec 5, 2008 10:01 AM:

" Hi "old-same-old"...I wasn't referring to the legal "gobbledegook" of Overton.cal, I was referring to your comments about treatment. This guy has 23 felonies and allegedly fired said weapon into said house. I wouldn't plea bargain him either. You go Judge Thompson! No guarantees? Why bother! Legal "hair-splitting" is what I call it. Nail him big time. And for you "para-legal wannabees" out there imagine a car full of Hispanics shooting up your house. Wouldn't that be CUTE? "

sameold wrote on Dec 4, 2008 12:26 PM:

" Go to the bottom of the comments barski and read from Overton and then tell me cute... "

bartski wrote on Dec 4, 2008 11:55 AM:

" First step, cute...awareness, cute...cognitive, big word to say, cognitive. You word-wizard you! By the way, life's a beaurocracy, deal with it. Learn to stand in line, learn to wait, learn to appreciate. You don't have a clue how well off you really are here. I know. The only treatment I get is special treatment, and I appreciate every bit of it.zdibs "

sameold wrote on Dec 4, 2008 8:36 AM:

" Another first step for you... You can't fix a problem unless you're aware of it. Glad to see you got treatment but here's some cognitive skills for you. "

bartski wrote on Dec 3, 2008 10:00 AM:

" When I see a person arrested in the paper for being stupid, or yelling at cops, or hitting a car head-on while leaving a parking lot drunk I can't help but wonder (since most of these people were OBSERVED by police officers) how many others there are. Astounding, isn't it? And some people have nothing better to do than follow cops around. Think of all the otheres who are doing that and don't admit it. Admission is the first step of recovery. "

El Dos wrote on Dec 3, 2008 6:05 AM:

" Barski I really didn't know you were actually as dumb as you sound, but it's a FACT I see.
First of all, I was following him; yes, BECAUSE I WAS BEHIND HIM. Your ability to take things out of context is so like, well tell me you didn't think I was actually following you in circles? Hmm, don't give me any ideas, I might just try it! I doubt I'd be arrested. Paranoid COPS or what. Well, if the shoe fits then wear it otherwise don't worry about what I DO. "

bartski wrote on Dec 2, 2008 11:04 PM:

" Waste of money alright. Hey, El Dos, you can be arrested for following police cars, and you should have been. I can't say that I believe your conspiracy theory about the officer going over the center line, and turning withoug blinking, and having a tail light out. You're stretching it. Sound off like you got a pair instead of making stuff up. I think you're full of it like a young robin. "

sameold wrote on Nov 30, 2008 9:51 PM:

" Remember, the court is a bureaucracy. The people there are all over the place. One is on vacation, one is taking his comp time, one has a nurturing day, one is out for the week and so on....I can see why the correct papers where never sent the first time. "

El Dos wrote on Nov 30, 2008 7:20 PM:

" Where is J.D. when you need him?? "

El Dos wrote on Nov 30, 2008 7:10 PM:

" I followed a winona police car the other night who was crossing the center line, turned without using a blinker AND had a tail light out. My buddy told me I should have flagged him down and did a citizen's arrest on him. Anyone know about that? "

Overton.Cal wrote on Nov 30, 2008 6:43 PM:

" The whole crooked bunch should be followed... "

sameold wrote on Nov 30, 2008 1:48 PM:

" Don't worry, MacLeon will revise it and send it in again...and if that don't work, he'll redo another one and send it in again. It's only tax payers money, he don't care. "

El Dos wrote on Nov 30, 2008 1:15 PM:

" Doesn't suprise me... Government is the biggest wasters of $$ and the locals point their fingers at the STATE, the STATE points back to the COUNTY...HAHAHAHAHA "

Overton.Cal wrote on Nov 30, 2008 2:06 AM:

" It's public information, keep track.I'll let you know in the next month how much money Co Att'y wastes in 30 days. He needs Business 101 instead of "I run the show around here" his exact words as I overheard him state to a person who asked to borrow the copy machine in law library and she was using to much paper? Citizens have access to that law library anytime we so desire. He doesn't "run the rules of that" Luckily the woman just knew her rights no matter who he thinks he is. He needs to realize he runs his show, but not hers or the citizens rights when he feels the control/power to "run anyones RIGHTS". I'd like to see the paper bill for his office alone. I'll get that next. "

Overton.Cal wrote on Nov 30, 2008 1:55 AM:

" AND...the sound proofing. There is NO JUSTICE when a client/attorney relationship is overheard by the County Attorney in the next room after they do an experiment of them standing in one room counting the ABC's and someone in the next room and pick up where the first person stoped. They just realized this now? Yeah, more bullsh$t. "

Overton.Cal wrote on Nov 30, 2008 1:51 AM:

" When do we vote MacLeon out? He's gotta go...we might be able to afford a new jail... "

Overton.Cal wrote on Nov 30, 2008 1:50 AM:

" How much does it cost to review again, another $500 bucks, geeeze.... go figure. How many times a week does he do this? "

Overton.Cal wrote on Nov 30, 2008 1:49 AM:

" County wasting money again, blaming the states doesn't fly.......Do your job right the FIRST time.....The petition, however, is not supported by any copy of such a local rule or policy, or a transcript of the hearing at which the district court allegedly relied on its adherence to such a policy. Without such a record, this court cannot address the
petition’s challenge to the alleged rule or policy. See generally State v. Jordan, 426
N.W.2d 495, 496-97 (Minn. App. 1988) (stating petitioner’s duty to provide this court
with a record sufficient to determine whether relief should be granted). The district court
rule or policy may be the same as that noted in Perkins v. State, 559 N.W.2d 678, 686-87
(Minn. 1997). But without a record of a current rule or policy, this court cannot addressthe legal issues raised in the petition. "


The comments above are from readers. In no way do they represent the views of the Winona Daily News.

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