Recently, the supreme court determined part of Minnesota’s disorderly conduct statute is unconstitutional.[1] Prior to this decision, you could commit disorderly conduct in several ways: three separate clauses in one subdivision give many avenues that can lead to you breaking the law. Some of these you would never consider to be remotely criminal. Did you…
It depends on what the meaning of the word “was” was. In a 4-3 decision, the Minnesota Supreme Court engaged in a battle of statutory interpretation to limit the scope of offenses eligible for expungement in State v. S.A.M. Even though the legislature’s most recent expungement law’s intent was to broaden the scope of possible…
We previously discussed the importance of one of the “most powerful tools” in the criminal defense lawyer’s tool belt: the statutory language of the charge itself. On Wednesday, the Minnesota Supreme Court continued their recent pattern of deciding the merits of an appeal with a dictionary close in hand in State of Minnesota v. Kristyn…
Minnesota drivers used to face serious criminal penalties for refusing a blood or urine test after being read the Minnesota Implied Consent Advisory in DWI cases. As previously discussed,[1] this is no longer the case according to both the United States Supreme Court and the Minnesota Supreme Court. So, will DWI laws adapt and change…
This week, the Minnesota Supreme Court continued Its barrage against Fourth Amendment protections. In State v. Fawcett, Justice Gildea wrote for the majority (4-3) in a holding that allows police officers to search for evidence of controlled substances in a person’s blood after it was analyzed for evidence of alcohol despite a lack of probable…
Undoubtedly, the hottest topic of discussion in DWI law across Minnesota and much of the nation is Bernard v. Minnesota.[1] Consolidated with Birchfield v. North Dakota and Beyund v. Levi, the United States Supreme Court just set Bernard’s oral argument for April 20, 2016. SCOTUS squeezed Bernard in as one of Its last remaining cases…
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Human trafficking is a pandemic causing inhumane conditions across the globe.[1] The words “human trafficking” conjure up images of a foreign land where young women are bought and sold as sex slaves. The reality hits far closer to home. The Twin Cities is one of the top human trafficking locations in the United States.[2] In…
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Recently, the Minnesota legislature[1] proposed reforms that could affect a large number of individuals facing prosecution for crimes with outdated sentences in state court.[2] Minnesota sentencing reform proposals like these are a positive sign that indiscriminately incarcerating individuals is being seen less and less as a viable option. The Minnesota Sentencing Guidelines Commission[3] voted in favor…
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