Judge denies bid for quick appeal of sex offenders ruling
Published 10:33 am Thursday, July 23, 2015
MINNEAPOLIS — A federal judge has denied an attempt by the state to get a quick appeal of his ruling that Minnesota’s program for civilly committed sex offenders is unconstitutional.
U.S. District Judge Donovan Frank ruled Wednesday that court rules don’t allow for an appeal at this stage of the case. While Frank declared the program unconstitutional last month, he has scheduled more proceedings starting next month to determine how to fix it.
Frank says the state’s request to certify his June ruling for an immediate appeal to the 8th Circuit Court of Appeals doesn’t meet the legal conditions required for such an unusual step. He says that order doesn’t constitute the kind of final judgment that federal rules require for an appeal, given that the case isn’t over.