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Minn. Supreme Court hears appeal in Virginia domestic assault case

Minnesota Supreme Court justices Natalie E. Hudson, left; Margaret H. Chutich; Paul C. Thissen; and Karl C. Procaccini hear oral arguments Monday, Oct. 30, 2023.
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Minnesota Judicial Branch webcast screenshot
Minnesota Supreme Court justices Natalie E. Hudson, left; Margaret H. Chutich; Paul C. Thissen; and Karl C. Procaccini hear oral arguments Monday, Oct. 30, 2023.

The court considered whether state statutes addressing domestic assault mean defendants should be convicted of two assault-related felonies for the same singular act.

ST. PAUL — The Minnesota Supreme Court is contemplating legal issues related to the conviction of a St. Louis County man for a domestic assault involving a wooden broomstick.

The state's highest court heard oral arguments Monday, Oct. 30, in the case of John Ishmael Bradley III.

Bradley was arrested in January 2022 in Virginia and later charged with two felonies for the assault of his girlfriend, who he struck in the face. A jury found him guilty of both offenses and he was sentenced to three years in prison under the second-degree assault charge.

Public Defender Greg Scanlan argues Monday, Oct. 30, 2023, before the Minnesota Supreme Court. Scanlan and his client filed an appeal in a domestic assault case in Virginia, Minnesota.
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Minnesota Judicial System webcast screenshot
Public Defender Greg Scanlan argues Monday, Oct. 30, 2023, before the Minnesota Supreme Court. Scanlan and his client filed an appeal in a domestic assault case in Virginia, Minnesota.

But on appeal, Bradley and his public defender Greg Scanlan argued convictions for both felonies stemming from a singular act unfairly subjects him to stiffer penalties if he were to be charged in the future. Scanlan also argued the lack of clarity on the matter has implications for the state's justice system as a whole as prosecutors apply the law unevenly.

"This prosecutor charges an assault as two different things — a domestic and something else. This prosecutor charges an assault as just a domestic," Scanlan said. "And then this guy's enhance-able, and this guy isn't."

While state law lays out separate statutes related to domestic assaults versus non-domestic assaults, the justices centered some of their questions on whether that meant lawmakers intended for defendants to face multiple assault convictions for a single act.

Assistant St. Louis County Attorney Aaron P. Welch argued for the state and said the Legislature intended look more closely at domestic assault in statute because of the special circumstances inherent to the cases.

Assistant St. Louis County Attorney Aaron Welch argues before the Minnesota Supreme Court in an appeal of a domestic assault conviction Monday, Oct. 30, 2023.
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Minnesota Judicial System webcast screenshot
Assistant St. Louis County Attorney Aaron Welch argues before the Minnesota Supreme Court in an appeal of a domestic assault conviction Monday, Oct. 30, 2023.

But he acknowledged he recognized the concerns raised before the court.

"I don't want anyone — any prosecutor, anyone, anywhere — to try to find some loophole to double punish people," Welch said.

Also at issue was the weapon used in the assault. A broomstick becomes a dangerous weapon under state law because of its manner of use. But the appellant sought to clarify if the state must prove a defendant had knowledge of the potential harms of their actions with the object — particularly whether it is capable of significant bodily injury or death.

Bradley is imprisoned in the Minnesota Correctional Facility in Rush City and is anticipated to be released in January.