Tichich vs. State of Minnesota
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In a case before the Supreme Court of Minnesota, the appellant, Thomas Robert Tichich, was found guilty of third-degree criminal sexual conduct and attempted third-degree criminal sexual conduct. Tichich later petitioned for postconviction relief, alleging that two of the State’s expert witnesses falsely testified at his trial and that the jury’s guilty verdicts were legally inconsistent. He submitted a new expert opinion and other evidence to support his claim of false testimony. The district court denied Tichich’s petition, determining that the guilty verdicts were legally consistent and that Tichich’s false-testimony claim failed to satisfy the test set forth in Larrison v. United States.
The Supreme Court of Minnesota affirmed the district court's decision, holding that Tichich's claim was one of newly discovered evidence, not one of newly discovered evidence of false testimony, and therefore the standard set forth in Rainer v. State, which governs claims of newly discovered evidence, applied. The court found that Tichich’s claim failed the Rainer test because the new evidence merely served to impeach, rather than disprove, the trial testimony, and would not likely produce a different result given the strength of the State’s evidence.
Additionally, the court held that the guilty verdicts for third-degree criminal sexual conduct and attempted third-degree criminal sexual conduct were legally consistent, as no necessary element of one offense negated a necessary element of the other. Therefore, Tichich’s counsel was not ineffective for failing to argue otherwise.
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