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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 395-H.F.No. 137 
           An act relating to criminal procedure; providing a 
          procedure for ordering joint or separate trials for 
          jointly charged defendants; permitting the prosecution 
          to offer a rebuttal closing argument; amending 
          Minnesota Statutes 1986, section 631.07; proposing 
          coding for new law in Minnesota Statutes, chapter 631. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [631.035] [JOINTLY CHARGED DEFENDANTS; SEPARATE 
OR JOINT TRIALS.] 
    When two or more defendants are jointly charged with a 
felony, they may be tried separately or jointly in the 
discretion of the court.  In making its determination on whether 
to order joinder or separate trials, the court shall consider 
the nature of the offense charged, the impact on the victim, the 
potential prejudice to the defendant, and the interests of 
justice.  
    Sec. 2.  Minnesota Statutes 1986, section 631.07, is 
amended to read: 
    631.07 [ORDER OF FINAL ARGUMENT.] 
    When the giving of evidence is concluded in a criminal 
trial, unless the case is submitted on either or both sides 
without argument, the plaintiff shall begin and the defendant 
conclude the argument to the jury prosecution may make a closing 
argument to the jury.  The defense may then make its closing 
argument to the jury.  On the motion of the prosecution, the 
court may permit the prosecution to reply in rebuttal if the 
court determines that the defense has made in its closing 
argument a misstatement of law or fact or a statement that is 
inflammatory or prejudicial.  The rebuttal must be limited to a 
direct response to the misstatement of law or fact or the 
inflammatory or prejudicial statement. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1987, and apply to 
prosecutions commenced on or after that date. 
    Approved June 3, 1987