The MN Court of Appeals reversed a Felony 5th Degree Drug conviction where the officer discovered drugs after searching the defendant. The officer’s basis for the pat-search was largely based on the defendant acting nervous and placing his hands in his pockets. The Court held that the officer did not have “reasonable, articulable suspicion of… Read more »
Chicago Gun Range Restrictions Violate 2nd Amendment
The 7th District Federal Court of Appeals ruled that age and zoning restrictions placed on gun ranges in the City Chicago violates the 2nd Amendment by being overly broad. Chicago city ordinances had prohibited anyone under 18 years-old from entering a gun range in the city. Additionally, gun ranges were only allowed in manufacturing districts… Read more »
20,000 Drug Cases Reviewed After Chemist Faked Tests
Today the Massachusetts’ highest court ordered prosecutors to review over 20,000 controlled substance cases involving Annie Dookham, a former state chemist. Back in 2013, Ms. Dookhan pleaded guilty to 17 counts of Obstruction of Justice, 8 counts of Tampering with Evidence, Perjury, and Falsely Pretending to Hold a Degree from a College or University. Ms…. Read more »
Court Orders Defendant to Unlock Phone with Fingerprint
This week the Minnesota Court of Appeals issued an opinion upholding an Order requiring a criminal defendant to submit fingerprints to unlock a cell phone. The Court held that a defendant’s 5th Amendment right against self-incrimination is not violated when they are ordered to provide fingerprints to unlock a telephone. The court reasoned that providing… Read more »
Collateral Consequences of Convictions: What Your Lawyer Doesn’t Have to Tell You
As explained on most of the pages on the website, jail, prison, fines, and probation are just some of the direct consequences you may be facing when charged with a crime. However, many of the consequences stemming from a conviction are collateral, and not directly ordered by criminal court. Many of these collateral consequences are… Read more »
Hoping Someone Gets Killed Not Terroristic Threats: MN Court Appeals
Yesterday, the Minnesota Court of Appeals reversed a conviction of Felony Terroristic Threats based on an alleged threat to a state trooper. During questioning regarding a DWI breath test by the trooper, the motorist told the trooper the following: “It is no wonder people are killing you guys. I truly hope that you are one of… Read more »
No license revocation after refusing DUI urine test: MN Court of Appeals
The MN Court of Appeals issued an opinion today upholding the reinstatement of a driver’s license when the arresting officer misled a driver by stating that refusing a urine test is a crime. In the case decided today, the Commissioner of Public Safety revoked the driver’s license after he refused urine and blood tests. The… Read more »
BB Guns are not firearms – MN Supreme Court Reverses Felony Conviction
The Minnesota Supreme Court issued an opinion today that an air-powered BB gun is not a firearm for purposes of Felon in Possession of a Firearm and other illegal firearm possession crimes. The court reversed the felony-level prohibited person in possession of a firearm conviction. Prior to today’s decision in the Haywood case, MN courts… Read more »
MN Supreme Court rules aiding suicide statute unconstitutional
In March of 2011, William Melchert-Dinkel was convicted in Rice County District Court of two felony counts of aiding suicide in violation of Minn. Stat. § 609.215. It is alleged Mr. Melchert-Dinkel responded to posts on suicide websites of two individuals located outside of the United States, and encouraged the two to commit suicide. The… Read more »
MN Supreme Court: Courts Cannot Seal Executive Branch Records
***The decision discussed below is not longer applicable in the State of Minnesota. The MN Legislature changed expungement laws as of January 1, 2015 allowing convictions to be expunged. Read about the current Minnesota expungement laws here.*** Today, the Minnesota Supreme Court issued their opinion in State v. MDT. The main question before the Supreme… Read more »