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STATE v. MELCHERT-DINKEL

No. A11-0987.

844 N.W.2d 13 (2014)

STATE of Minnesota, Respondent, v. William Francis MELCHERT-DINKEL, Appellant.

Supreme Court of Minnesota.

March 19, 2014.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Saint Paul, MN; and G. Paul Beaumaster, Rice County Attorney, Terence Swihart, Assistant County Attorney, Benjamin Bejar, Assistant County Attorney, Faribault, MN, for respondent.

Terry A. Watkins, Watkins Law Office, LLC, Faribault, MN, for appellant.

Cort C. Holten, Jeffrey D. Bores, Chestnut Cambronne PA, Minneapolis, MN, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.

Robert Rivas, Sachs Sax Caplan, P.L., Tallahassee, FL, for amici curiae Final Exit Network, Inc. and Jerry Dincin.

Kyle White, Saint Paul, MN, for amicus curiae National Alliance on Mental Illness of Minnesota.

OPINION

ANDERSON, Justice.

After communicating with appellant William Melchert-Dinkel, Mark Drybrough and Nadia Kajouji each committed suicide. This appeal presents the issue of whether the State of Minnesota may, consistent with the First Amendment, prosecute Melchert-Dinkel for advising, encouraging, or assisting another in committing suicide in violation of Minn.Stat. § 609.215, subd. 1 (2012), which makes it illegal to "intentionally advise[], encourage...

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