Correction to story on Minnesota Supreme Court upholding the state’s ban on assisting suicide

 

By Dave Andrusko

On Wednesday, we ran a story about a 4-1 decision from the Minnesota Supreme Court which upheld the state’s law against assisting suicide (“Minnesota Supreme Court upholds law against assisting suicide–strikes “advises, encourages”).

The story stated that individuals associated with the “Final Exit” network who had been present at suicides in Minnesota were convicted in a separate case, a decision that was initially overturned by another intermediate appellate court.

In fact, the trial court granted a defense pretrial motion to prevent trying the defendants on the “advise” and “encourage” elements of the statute. That was upheld on appeal by an intermediate court and then appealed to the Minnesota Supreme Court.

In light of its opinion, it remains the case that it is likely the Minnesota Supreme Court will remand the case for further proceedings below. That would mean a trial for the Final Exit defendants on the charge of assisting suicide — which, as construed by the state supreme court, could include speech instructing the victims how to commit suicide.