Anna M. Nelson, Personal Representative of Estate of Rick Paul Nelson a/k/a Richard Paul Dziubak, petitioner, Appellant,
State of Minnesota, Respondent
County District Court File No. 62-CV-16-3545
P. Grostephan, Peterson, Engberg & Peterson, Minneapolis,
Minnesota (for appellant).
J. Choi, Ramsey County Attorney, Jada N. Lewis, Assistant
County Attorney, Robert B. Roche, Assistant County Attorney,
St. Paul, Minnesota (for respondent).
Considered and decided by Worke, Presiding Judge; Ross,
Judge; and Kirk, Judge.
right to seek compensation under the Minnesota Imprisonment
and Exoneration Remedies Act (MIERA), Minn. Stat.
§§ 611.362-.368 (2016), does not survive an
exonerated person's death unless there is a pending order
issued under Minn. Stat. § 590.11 (2014) or a pending
claim under MIERA.
Appellant challenges the district
court's denial of her petition, arguing that, as the
personal representative of Rick Paul Nelson's estate, she
is entitled to pursue compensation under MIERA on behalf of
the estate. The district court determined that appellant
lacked standing because there was no pending order issued
under Minn. Stat. § 590.11 or pending claim under MIERA
at the time of Nelson's death. We affirm.
February 1987, Rick Paul Nelson was charged by complaint with
second-degree murder and first-degree
manslaughter. Nelson pleaded guilty to one count of
manslaughter and was sentenced to 81 months in
later filed a petition for postconviction relief asking to
withdraw his guilty plea based on newly discovered evidence.
The district court granted the petition and released Nelson
1989, Nelson was indicted on charges of second-degree murder,
first-degree manslaughter, and third-degree assault. The
indictment was based on the same facts and circumstances as
the prior charges. Later that year, a jury found Nelson not
guilty on all counts.
died in February 2015. Appellant-petitioner Anna M. Nelson,
Nelson's widow, was appointed the personal representative
of Nelson's estate.
2016, appellant filed a petition requesting an order
declaring Nelson's estate eligible for compensation under
MIERA. The state opposed the petition. After a hearing, the
district court denied the petition. Without reaching the
merits of the petition, the district court determined that