Case Law Updates

As the veritable Justice Alan Page penned: “(Minnesota) court(s) apparently wish that we lived in a world without Missouri v. McNeely.” Such a strong shot fired at his fellow justices is true because ever since the United States Supreme C…

Talk about crappy luck…. So imagine you are a poor schmuck, you happen to believe strongly in the Second Amendment’s guarantee of a personal right to a firearm, and you have buddies who do stupid things. Maybe it’s not such a good i…

Hey there ho there, average happy Minnesota citizen. You are blissfully unaware of the pronouncements of your nearest Court of Appeals 3-person panel of judges, because… well, you are wise, and have a happy full life, and it’s only nerds…

In a probation violations setting, the deck is already stacked against the defendant in the sense that the State’s burden of proof is lower and the rules of evidence don’t apply. And that does not even include the possibility that the jud…

The Supreme Court of the United States (SCOTUS) just issued a ruling that further weakens our Fourth Amendment protections. It held that a reasonable mistake of law by police when stopping a vehicle does not violate a persons Fourth Amendment right t…

A DWI can be enhanced to a gross misdemeanor or felony based upon the presence of any combination of aggravating factors. Minn. Stat. 169A.03, subd. 3 defines aggravating factors to include: (1) having a qualified prior within the past 10 years; (2)…