The Minnesota Court of Appeals agrees with Anders Erickson that the retroactive application of the new aiding and abetting felony murder statute is constitutional
In two opinions released on July 14, 2025, State v. Kurr, A24-1480, and State v. Watson, A24-1469, the Minnesota Court of Appeals concluded that the retroactive application of the amended aiding and abetting felony murder statute is constitutional. The opinions ensure that Minnesotans who qualify for relief under the statute will continue to have the opportunity to petition district courts throughout the State of Minnesota to vacate aiding and abetting felony murder convictions.
The Scott County Attorney’s Office argued that the retroactive application of the law was unconstitutional because it violated the separation of powers doctrine and the contracts clause of the federal and state constitutions.
The Minnesota Court of Appeals found that the law is constitutional because the Legislature has the power to make policy determinations, amend criminal laws and, importantly, apply amendments retroactively.
The court of appeals also agreed that the Scott County Attorney’s Office does not have standing to assert constitutional rights because the bill of rights protects individuals from the government and does not provide rights to the executive branch of the government—the Scott County Attorney’s Office.
The opinions are important four our clients who have already had their felony murder convictions vacated and for our clients who are in the process of petitioning district courts to vacate felony murder convictions.
