Blog Posts in June, 2011
Posted on Jun 29, 2011 By Minneapolis Criminal Defense Attorney
The Minnesota Court of Appeals decided that Defendants may withdraw guilty pleas if he or she is not informed that deportation may result from the conviction. Rene Rayes Campos entered a guilty plea ...
Continue reading "Withdrawal of Guilty Plea Allowed When Defendant Not Informed of Deportation Risk" »
Posted on Jun 27, 2011 By Minneapolis Criminal Defense Attorney
Two Minnesota Court of Appeals opinions filed June 27, 2011, allow for officers to obtain a urine sample from a driver suspected of DWI without first obtaining a search warrant. See Ellingson v. ...
Continue reading "No Warrant Required to Obtain Urine Sample" »
Posted on Jun 25, 2011 By Minneapolis Criminal Defense Attorney
A Court of Appeals decision filed November 30, 2010, reversed a district court's finding that a wife could not testify against her husband without his consent. The facts are as follows: the wife, ...
Continue reading "Marital Testimonial Privilege" »
Posted on Jun 22, 2011 By Minneapolis Criminal Defense Attorney
In a special opinion issued by the Minnesota Court of Appeals, a judge is not required to remove him or herself from presiding over a case that is being prosecuted by the office where the judge's ...
Continue reading "Court of Appeals Considers Judge's "Intimate Relationship."" »
Posted on Jun 21, 2011 By Minneapolis Criminal Defense Attorney
In State v. Kendall , filed June 20, 2011, the Minnesota Court of Appeals upheld the district court's order that the drugs obtained from an illegal search of the Defendant should be suppressed ...
Continue reading "Drug charges dismissed because of illegal police search" »
Posted on Jun 20, 2011 By Minneapolis Criminal Defense Attorney
The Minnesota Court of Appeals filed an opinion regarding awards of restitution on October 19, 2010 that reversed a district court finding that allowed for a corporate victim to be awarded restitution ...
Continue reading "Restitution Awards" »
Posted on Jun 19, 2011 By Minneapolis Criminal Defense Attorney
An unpublished Court of Appeals opinion filed October 5, 2010 upheld a DWI stop that was based entirely on a citizen's report. See State v. Lehmeyer . The officer that stopped the vehicle did not ...
Continue reading "DWI stop based soley on citizen's report found to be legal" »
Posted on Jun 18, 2011 By Minneapolis Criminal Defense Attorney
Minnesota case law regarding refusal to submit to chemical testing was further expanded in a published opinion filed December 21, 2010. In the case, Defendant was convicted in district court of ...
Continue reading "Driver Who Verbally Agrees To Testing May Still Be Charged With Refusal: Direct or Circumstantial Evidence May Support Refusal to Test Charge" »
Posted on Jun 17, 2011 By Minneapolis Criminal Defense Attorney
In the late spring of 2011, the Minnesota Court of Appeals considered an interesting driver's license revocation case, Swanson vs. Commissioner of Public Safety . In this case the Petitioner ...
Continue reading "Should a search warrant be required before obtaining a urine sample from a driver suspected of DWI?" »
Posted on Jun 15, 2011 By Minneapolis Criminal Defense Attorney
In an unpublished opinion, Myhre vs. Commissioner of Public Safety , filed June 6, 2011, the Minnesota Court of Appeals held that Mark Myhre, despite being handcuffed by an officer, was not in police ...
Continue reading "Suspect Who Was Handcuffed Was Not Under Arrest" »
Posted on Jun 14, 2011 By Minneapolis Criminal Defense Attorney
In State of Minnesota vs. Sarah DeAnn Rausch , an appellate decision filed May 23, 2011, the Minnesota Court of Appeals reversed and remanded a district court order that resulted in a downward ...
Continue reading "Courts Lack Authority to Depart from Mandatory Minimum Sentencing Requirements" »
Posted on Jun 13, 2011 By Minneapolis Criminal Defense Attorney
In State v. James Anthony Brown, Jr., filed June 13, 2011, the Court of Appeals reversed a district court order finding Brown guilty of DWI for an incident that occurred while he was driving a ...
Continue reading "DWI Conviction Overturned for Intoxicated Man Operating Mobility Scooter" »