27
Oct

MN Court of Appeals Issues Key Ruling on Hearsay Evidence in Criminal Trials

Evidence
A recent decision from the Minnesota Court of Appeals could have lasting implications for how certain types of hearsay evidence are admitted in criminal trials across the state. In State v. Jenkins, the court ruled that the district court erred in ad…
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13
Oct

Minnesota BCA Halts Use of DataMaster Breath Tests: What This Means for DWI Cases

DWI
Statewide Concerns Over Data Errors The Minnesota Bureau of Criminal Apprehension (BCA) has ordered all law enforcement agencies to stop using DataMaster breath test machines until they can confirm that the maintenance and calibration requirements ha…
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26
Sep

Minnesota Court of Appeals Reverses School Bus Arm Conviction Echoing NSLG's Earlier District Court Win

Criminal Charges
When it comes to school bus stop-arm violations in Minnesota, the statute appears straightforward: under Minn. Stat. §169.444 subd. 1, a driver must stop at least 20 feet from a school bus when it is displaying an extended stop-signal arm and flashi…
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15
Sep

Measuring Suspicion: Stop and Frisk

Criminal Charges
Pat and frisk laws in Minnesota require that an officer have “reasonable, articulable suspicion” that a suspect is involved in a relevant crime in order to conduct a warrantless pat-down. Reasonable, articulable suspicion exists when an officer h…
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3
Sep

Serial Numbers: Regulation or Rights Infringement?

Weapons Charges
The Minnesota Court of Appeals recently affirmed the constitutionality of Minnesota Statutes § 609.667(3), which makes it a crime to possess a firearm without a serial number, even if the gun never had one in the first place. In State v. Jones, the…
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15
Aug

Minnesota Felony Tax Crimes – Update – Court of Appeals Got it Wrong (In Our Opinion)

Felonies
In a recent blog post, we questioned whether the court of appeals would follow the law when analyzing a Crow Wing district court order that dismissed a Minnesota felony tax crime case due to the lack of any evidence surrounding the requisite intent.…
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2
Jul

Assaulting an Officer - What is Demonstrable Bodily Harm?

Assault, Felonies, Gross Misdemeanors / Misdemeanors
Assaulting an officer is charged out as fourth degree assault. It starts as a gross misdemeanor offense, unless there is ‘demonstrable bodily harm,’ in which case it becomes a felony. For some reason, this term is undefined by statute, le…
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24
Jun

What Is Relationship Evidence in Minnesota Criminal Cases?

Evidence
If you or someone you know is facing criminal charges related to domestic violence or harassment in Minnesota, you may hear the term “relationship evidence” come up. Understanding what it means—and how it can impact a case—is crucial…
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9
Jun

Confession Isn’t Conviction: How Minnesota Codified Corpus Delicti

Evidence
The Corpus Delicti doctrine has been foundational in Minnesota for over one hundred years. Codified in 1851, it remains an unmoving ideology that protects defendants from convictions based on uncorroborated or coerced confessions. Corpus Delicti, whi…
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27
May

Can I Be Convicted of Domestic Assault Against an Ex-Girlfriend?

Domestic Assault
In criminal law, the smallest phrases can carry the largest meanings. A recent Minnesota Court of Appeals decision—State v. Latino—illustrates just how impactful a few ambiguous words in a statute can be in determining guilt, eligibility for pros…
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