State v. Litzau
893 N.W.2d 405
Minn. Ct. App.2017Background
- Appellant Robert Litzau was serving supervised release and an ISR agent ordered him detained for violating release conditions; the ISR agent requested sheriff’s assistance.
- A county officer accompanied the ISR agent to Litzau’s home to apprehend him; they told Litzau there was a warrant and he fled on foot.
- Officer chased, struggled with, handcuffed, and arrested Litzau after a brief physical altercation.
- Litzau was charged and convicted at a court trial of (1) obstruction of legal process by force or violence under Minn. Stat. § 609.50, subd. 1(2), and (2) fleeing a police officer, and appealed.
- On appeal Litzau argued (a) the officer was not ‘‘engaged in the performance of official duties’’ because arrests are discretionary, and (b) § 609.50, subd. 1(2) does not prohibit resisting one’s own arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an officer’s discretionary arrest counts as ‘‘performance of official duties’’ under § 609.50(1)(2) | Litzau: ‘‘Duty’’ means required/mandated acts; discretionary arrests are not duties, so statute not violated | State: Officer performing an arrest is performing official duties regardless of discretion | Court: Rejected Litzau; discretionary arrests are within ‘‘official duties’’ and statute applies |
| Whether appellate consideration of statutory construction was forfeited because not raised below | Litzau: Did not raise below but seeks review now | State: Issue forfeited for failure to raise in district court | Court: Considered issue because statutory construction was necessary to resolve sufficiency-of-evidence and interests of justice required review |
| Whether § 609.50(1)(2) prohibits obstructing one’s own arrest despite § 609.50(1)(1) referencing ‘‘another’’ | Litzau: Specific provision about obstructing arrest of ‘‘another’’ limits subdivision (1)(2); thus resisting one’s own arrest not covered | State: Subdivision (1)(2)’s plain language forbids obstructing an officer performing official duties, including arresting the actor | Court: Subdivision (1)(2) is unambiguous and covers resisting one’s own arrest; convictions affirmed |
Key Cases Cited
- State v. Shimota, 875 N.W.2d 363 (Minn. App. 2016) (discretionary arrests fall within officer’s official duties under § 609.50)
- State v. Wick, 331 N.W.2d 769 (Minn. 1983) (statute can prohibit resistance to illegal arrests)
- State v. Myers, 627 N.W.2d 58 (Minn. 2001) (affirming conviction for escape from squad car after arrest)
- State v. Vasko, 889 N.W.2d 551 (Minn. 2017) (appellate review of statutory construction may be required to resolve sufficiency challenges)
- State v. Pederson, 840 N.W.2d 433 (Minn. App. 2013) (statutory construction reviewed de novo)
- State v. Hayes, 826 N.W.2d 799 (Minn. 2013) (standard for de novo review on sufficiency-of-the-evidence issues)