Minnesota Supreme Court, 1985

State v. Budke

Minnesota Supreme Court · Decided July 19, 1985 · Wahl

371 N.W.2d 533; 1985 Minn. LEXIS 1144 (North Western Reporter, Second Series)

Counsel

Hubert H. Humphrey, III, Atty. Gen., Thomas J. Barrett, Sp. Asst., St. Paul, Waldemar D. Senyk, Asst. Otter Tail County Atty., Fergus Falls, for appellant., John A. Eidsmoe, Tulas, Okl., Roger 01-denkamp, Fergus Falls, for Budkes., Clyde F. Anderson, Council of Christian Home Educators, Minneapolis, John W. Whitehead, Manassas, Va., Wendell R. Bird, Richard W. Summers, Atlanta, Ga., amicus curiae.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1985, among the opinions in this site’s citation index.

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Cases that cite this one

1 later published case cites this decision.

State v. Newstrom (Minn. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

WAHL, Justice.

Donald and Kathleen Budke were convicted of violating Minnesota’s compulsory school attendance law. On appeal, a three-judge district court panel reversed their convictions based on its belief that the Budke’s first amendment rights had been infringed.

We affirm the reversal of the Budkes’ convictions for the reasons set forth in our opinion in State v. Newstrom, 371 N.W.2d 525 (Minn. 1985). We do not reach the first amendment issues raised in this appeal.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.