State of Minnesota v. Lisa Dawn Oliver

Summary

The Minnesota Supreme Court held that attempted first-degree assault-harm is a valid crime under Minnesota law. The court concluded that Minnesota's general attempt statute applies to first-degree assault-harm and that the intent requirements of the attempt and assault statutes are not legally inconsistent. The court reversed the court of appeals and remanded for consideration of other issues raised by Lisa Dawn Oliver.

Holdings

1. Minnesota Statutes section 609.17 plainly and unambiguously applies to first-degree assault-harm under section 609.221, subdivision 1; attempted first-degree assault-harm is a cognizable crime under Minnesota law.
2. The specific-intent requirement for an attempt is legally compatible with the general-intent requirement for first-degree assault-harm.

Questions Presented

1. Whether Minnesota Statutes section 609.17 applies to attempted first-degree assault-harm under Minnesota Statutes section 609.221, subdivision 1.
2. Whether the specific-intent requirement for an attempt conflicts with the general-intent requirement for first-degree assault-harm.
3. Whether Oliver's unresolved arguments concerning sufficiency of the evidence and the denial of a downward dispositional sentencing departure should be addressed on remand.

Disposition

reversed_and_remanded