§
Subdivision 1.General.
A person who receives an order under section 590.11 determining that the person is entitled to compensation based on exoneration may bring a claim for an award under sections 611.362 to 611.368.
§
Subd. 2.Respondent; filing requirement.
The state must be named as the respondent. A claimant shall serve the claim and all documents on the state through the commissioner of management and budget and file the claim with the supreme court. The claim must include a copy of the order from the district court under section 590.11, subdivision 7. The state shall respond to the claim within 60 days after service. In all matters under sections 611.362 to 611.368, legal representation for the state shall be provided by either the attorney general or legal counsel for the Department of Management and Budget.
§
Subd. 3.Agent for claimant.
If the person entitled to file a claim is incapacitated and incapable of filing the claim or is a minor or nonresident of the state, the claim may be filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of a minor, or an authorized agent.
§
Subd. 4.Statute of limitations.
A claimant must commence a claim under this section within 60 days after the date the order was issued under section 590.11, subdivision 7, provided that if the person did not receive the notice required under section 590.11, subdivision 7, the person may commence a claim within three years of that date. An action by the state challenging or appealing the order under section 590.11 tolls the time in which a claim must be commenced.
Notes of Decisions
Danna Rochelle Back v. State of Minnesota, 883 N.W.2d 614 (Minn. Ct. App. 2016).
· cites it 10× “Minn. Stat. § 611.362 , subd. 1. Thus, the first step to receiving compensation under the MIERA is to petition for such an order in the district court where the conviction was obtained.”
Back v. State, 902 N.W.2d 23 (Minn. 2017).
· cites it 2× “See Minn. Stat. §§ 611.362 -.363. If the parties cannot reach a settlement, the panel must hold an evidentiary hearing to “determine the amount of damages to be awarded” based on the evidence and arguments of the parties.”
Nelson v. State, 896 N.W.2d 879 (Minn. Ct. App. 2017).
· cites it 15× “ISSUE Did the district court err by determining that appellant, as Nelson’s personal representative, lacked standing to petition for an order declaring Nelson’s estate eligible for compensation under MIERA? ANALYSIS MIERA provides compensation to persons who served time in…”
Spottswood v. Washington Cnty. (D. Minnesota 2020).
· cites it 8× “) In addition to these constitutional causes of action, the Amended Complaint includes a claim for “compensation for exoneration” under Minn. Stat. § 611.362 . Under § 611.362, subd.”
James Paul Aery v. State of Minnesota, 7 N.W.3d 833 (Minn. Ct. App. 2024).
· cites it 6× “SYLLABUS A petitioner is not exonerated for the purpose of seeking exoneration compensation under the Minnesota Imprisonment and Exoneration Remedies Act (MIERA), Minn. Stat. §§ 611.362 -.368 (2022), when the petitioner’s conviction for actual possession of an unlawful item was…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.