Trying a Kid as an Adult: MN Supreme Court Evaluates Judge’s Adult Certification Ruling Before a juvenile can be tried as an adult in Minnesota, the prosecution needs to file a motion for certification for adult prosecution. Then, unless stipulated to in the rare circumstance, a certification hearing will take place. There, the prosecution and…

Recordings Without Complaining Witness Admissible in Domestic Assault Cases? MN Supreme Court to Decide Confrontation Clause Issue As criminal defense lawyers, we often hear “what if the witness does not show up? Won’t they have to dismiss my case?” These questions come up in all types of criminal cases, but more commonly, they get asked…

Driving Without a Valid License on Private Property is Permissible Recently, the Minnesota Court of Appeals overturned a driving with a cancelled driver’s license and DWI because the driver was driving on his driveway when the officer arrested him. In State v. Velisek, the court reversed Velisek’s convictions because the statute prohibiting a person with…

The wait is over. Last Thursday, the United States Supreme Court finally decided Bernard v. Minnesota.[1] Justice Alito’s thirty-eight-page opinion for the majority can be summed up with the following: breath testing is less invasive than blood testing; therefore the states can criminalize refusing to submit to a breath test in a DWI case, but…

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