February 13

McNeely / Brooks Update

Two cases have recently rocked the criminal law world. See here for information about McNeely and Brooks. For an example of these cases, see State v. JMM. The result of Brooks is that the Implied Consent Advisory, which states “refusal to take the test is a crime,” does not in and of itself invalidate consent….

November 11

Brooks: The End of the Fourth Amendment as We Know It

On October 23, 2013, the Minnesota Supreme Court issued its ruling in State of Minnesota v. Brooks. This is the long-awaited decision that has partially determined how criminal defense attorneys are to deal with the McNeely issue. You can read about the McNeely issue here. McNeely is a U.S. Supreme Court case that said that…

March 11

Gideon’s Case

It all started with Clarence Earl Gideon, a poor prisoner in the Florida State Prison. Add to Mr. Gideon a pencil, paper, and insurmountable determination. Mr. Gideon handwrote his motion to the United States Supreme Court arguing that the U.S. Constitution provides that counsel should have been provided to him free of charge. So began…

January 7

Right to Vote

As the election is just days behind us, you may have received calls from former clients about their voting rights or you may have wondered about your own voting rights. To be eligible to vote, you must be at least 18 years old, be a U.S. citizen, and have a residence in Minnesota for at…

January 7

McNeely to the Supreme Court

A flurry of new motions is about to hit Minnesota courts. The United States Supreme Court has granted cert to hear a case arising out of Missouri: State of Missouri v. Tyler G. McNeely, 358 S.W.3d 65 (Mo. 2012). McNeely follows a line of cases dealing with the issue of warrantless, nonconsensual blood draws. In…