On Friday, May 9, 2014, Governor Mark Dayton signed a new public safety bill into law that affects the firearm rights of some individuals in Minnesota. Child Protection: On July 1, 2014, the new law will allow judges in child protection proceedings to prohibit the possession of firearms of a party who is a “credible… Read more »
MN Senate Repeals Sunday Liquor Sale Ban
Passed by the House last week, the Minnesota Senate passed a a similar bill today repealing the ban on Sunday liquor sales. The Senate’s bill will now be sent back to the MN House of Representatives. to address the difference in Sunday opening hours for liquor stores with H.F. 30. If there is agreement, the… Read more »
First Amendment Right to Flash Headlights Warning of Speed Trap
A Missouri federal district court judge has ruled that drivers a have a First Amendment right to warn others of police presence by flashing vehicle headlights. The civil rights suit by Michael Elli was initiated after he was arrested for flashing his headlights at other drivers warning of a radar speed trap by police in… Read more »
Football star exonerated of rape conviction after accuser recants
Brian Banks was an all-star middle linebacker for Long Beach Polytechnic High School. Heavily recruited, Banks was supposed to play for USC before being convicted of rape in 2002. Banks served 5 years in prison for the conviction. In addition to Banks’ conviction, his accuser, Wanetta Gibson, received $1.5 million in a civil suit against… Read more »
Governor Vetoes Defense of Dwelling and Person Act
Citing law enforcement’s opposition to the bill, Governor Dayton vetoed the Minnesota Defense of Dwelling and Person Act of 2011 today. I have been following this bill closely as it made its way through the Minnesota legislature as it would have substantially changed the advice I give to my clients who own and carry firearms…. Read more »
Minnesota Defense of Dwelling and Person Act Passes House
As expected, the Minnesota House passed the Minnesota Defense of Dwelling and Person Act of 2011 on Wednesday. The bill passed by a vote of 85-47. The bill has been sent to Governor Mark Dayton for signature. After meeting with the bill’s sponsor and hearing opposition from law enforcement, Governor Dayton stated that he wait… Read more »
Minnesota Bill Would Expand Self-Defense With Deadly Force
The common law duty of reasonable retreat in self-defense used outside of the home may be eliminated if the Minnesota Defense of Dwelling and Person Act of 2011, passed by the Minnesota house and currently headed to the senate for a vote, is enacted into law. Current Minnesota law authorizes the use of deadly force… Read more »
Court upholds the right to film government officials
Simon Glik openly recorded video and audio of three Boston, MA police officers arresting a young man after Glik believed he was witnessing excessive force. Glik summarily arrested and charged for alleged violations of Massachusetts wiretap laws, disturbing the peace, and aiding in the escape of a prisoner. All charges were eventually dismissed through motions… Read more »
New Supreme Court Justice: Elena Kagan
Filling Justice Stevens’ vacancy, Elena Kagan was sworn in as a US Supreme Court Justice by Chief Justice Roberts on April 7, 2010. Just the fourth female US Supreme Court justice, Kagan was President Obama’s second Supreme Court nomination since taking office. Although Kagan has no prior judicial experience outside of clerkships, she brings her… Read more »
Ramsey County, MN: Koua Fong Lee Released, No retrial
Koua Fong Lee was convicted of criminal vehicular homicide in Ramsey County from a 2006 automobile accident where his car slammed into another vehicle, killing three of it’s occupants. Lee was sentenced to 8 years in prison. During Lee’s trial, the prosecution presented expert testimony that Lee did not apply the brakes in his 1996… Read more »