20
Feb

Refusing to Define: Minnesota Supreme Court Clarifies Jury Instructions in DWI Test Refusal Cases

DWI
The Minnesota Supreme Court recently addressed a narrow but meaningful question about jury instructions in a case involving a refusal to undergo a court-ordered blood or urine test. The Court ultimately affirmed that the Court is not required to defi…
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30
Jan

Timing Isn’t Everything: Minnesota Court of Appeals Reaffirms Search-Incident-to-Arrest Principles

Case Law Updates
The recent Tate v. Robinson case serves as a powerful reminder that under the Fourth Amendment, probable cause (not the precise sequence of police actions) is what matters most. In a pretrial appeal, the Minnesota Court of Appeals reversed a district…
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26
Jan

When Anger becomes a Crime: Threats of Violence in Minnesota

Case Law Updates
In State v. Fitch, the Minnesota Court of Appeals reaffirmed a principle that continues to shape threats-of-violence prosecutions in Minnesota: words spoken in anger are not automatically protected speech, and context matters. When words reasonably c…
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12
Dec

The 36- and 48-Hour Rules Following An Arrest

Arrest
Getting arrested in Minnesota is stressful, and you are often not thinking about anything other than: “how do I get out of here?” This is when two powerful rules, the 36-hour and 48-hour rules, protect you from being held too long without seeing…
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15
Aug

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

Case Law Updates
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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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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29
Jan

Minnesota's Clean Slate Law - Of Course There's a Delay

Criminal Charges
In 2023, Minnesota became the twelfth state to enact “Clean Slate” legislation, which was supposed to offer automatic criminal expungements to over 500,000 Minnesotan residents. Many Minnesotans who were looking forward to, and depending on, the…
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15
Jan

Does a Drug Dog Sniff Inside a Vehicle Require Probable Cause?

Case Law Updates, Constitutional Rights
Traffic stops. We have all been there. You notice the flashing lights in your rearview mirror, pull over, and prepare for the usual questions. But what if the officer doesn’t ask you any questions and instead orders you out of your vehicle and call…
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