Using a “canned” speech while reviewing a plea petition with a client who is not a U.S. citizen teeters on the brink of ineffective assistance of counsel. Recently, the Minnesota Court of Appeals determined a defendant received ineffective assistance of counsel when his lawyer advised him he would not be deported for pleading guilty to…

Harry: Lloyd, I can’t feel my fingers, they’re – they’re numb! Lloyd: Oh, well, here. Take this extra pair of gloves, my hands are starting to get a little sweaty. Harry: Extra gloves? You’ve had extra gloves this whole time? Lloyd: Uh, yeah, we’re in the Rockies! Harry: I’m gonna kill you![1] Did Harry actually…

Minnesota’s DWI Refusal law took another hit on Monday. The court of appeals determined it is unconstitutional to charge someone with refusing to submit to a urine test in a DWI case in State v. Thompson. The decision came on the heels of the court of appeals’ opinion in State v. Trahan,[1] which ruled charging…

Last week, we blogged here about the Supreme Court of the United States (SCOTUS) granting review of Bernard v. Minnesota. Two main questions are emerging from SCOTUS’s order last week: (1) the Court reviews about 10,000 petitions each year, why did It grant review of Bernard – a state court case reviewing the constitutionality of…

Major DWI news broke yesterday: the United States Supreme Court granted review of Bernard v. Minnesota. Out of the roughly ten thousand petitions SCOTUS receives each year, it only grants review of about eighty. This week, the Court was considering thirteen DWI cases. Making the final cut was Bernard; Birchfield v. North Dakota; and Beylund…

“Will I be deported for this?” Hands down, this is the most common question asked by someone who is not a United States citizen after they are slapped with criminal charges. As a criminal defense lawyer, having a definitive answer for that vital question is not always required. Only if deportation consequences are “truly clear,”[1] …

We recently blogged about Minnesota’s ability to forfeit a vehicle after certain offenses here. We discussed the procedure an owner must follow in attempting to recover a seized vehicle.[1] Part of a successful attempt may include proving an affirmative defense, such as the innocent owner defense. This is a popular defense for a vehicle owner…

In the upset of the week, and potentially year, the Minnesota Court of Appeals recently declared Minnesota’s DWI Test-Refusal Statute unconstitutional. Commonly, Minnesota appellate courts are incredibly conservative in DWI cases, especially in recent constitutional challenges,[1] which makes the decision in State v. Trahan surprising. In a 2-1 decision, Judge Halbrooks wrote that requesting a…

This one time, at band camp, the cops came and arrested everyone for underage drinking and drugs. Before the arrests, we were detained for at least an hour, even though only 52% of the people were drinking the sketchy pineapple vodka and 4.7% were ingesting pot cubes in unforeseen places. You may have encountered a…

Last week, the Minnesota Supreme Court took a giant step backwards in its Fourth Amendment jurisprudence in State v. Lindquist. After not adopting the good-faith exception[1] nearly two years ago in State v. Brooks, the Court in Lindquist decided to change course and swallow the exclusionary rule by adopting it.[2] The majority in Lindquist decided…

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