Thomas Robert Tichich v. State of Minnesota

Syllabus

1. A new expert opinion that merely differs from a trial expert's opinion does not establish that the trial expert's opinion was false, and such a new expert opinion is properly analyzed as newly discovered evidence under the test set forth in Rainer v. State, 566 N.W.2d 692 (Minn. 1997). 2. Guilty verdicts for third-degree criminal sexual conduct, Minn. Stat. § 609.344 (2020), and attempted third-degree criminal sexual conduct, Minn. Stat. § 609.17 (2022) (attempt) see Minn. Stat. § 609.344 (underlying crime attempted), are legally consistent. Affirmed.