Court of Appeals

Minnesota Supreme Court Considers H.S. Student's Expulsion Over KnifeThe Minnesota Supreme Court has agreed to consider whether a high school student should have been expelled for having a pocket knife in her locker.
MN Court Of Appeals: Warrant Needed Before Giving DWI Blood TestThe Minnesota Court of Appeals issued a decision Tuesday declaring that law enforcement must have a warrant before giving a blood test to a suspected impaired driver. The opinion, written by Judge Jill Flaskamp Halbrooks, states that the 2012 subdivision of Minnesota's Driving While Impaired laws that makes it a crime for refusal to submit to a chemical test -- blood, breath or urine -- is unconstitutional.
'Revenge Porn' Conviction Overturned By Minn. Court Of AppealsThe conviction of a man who admitted posting sexually-explicit ads online was overturned. The Minnesota Court of Appeals found the criminal defamation statute used to find him guilty is unconstitutional.
Minn. Supreme Court Rules In Favor Of Sex OffenderThe Minnesota Supreme Court has ruled in favor of a convicted St. Paul sex offender who argued that a jury, and not a judge, must decide his risk-level status. The decision could affect the statuses of several Level-III sex offenders in the state.
Court Tosses Conviction Of Man For Meth-Tainted Bong WaterThe state Court of Appeals has thrown out the conviction of a southern Minnesota man, saying the amount of meth-tainted water found in his bong was far under the threshold required for his imprisonment. Ryan M. Drown, 32, of Waseca was sentenced to 6 1/2 years in prison in 2013 for having the tainted water in a bong that amounted to less than half an ounce. He had been convicted for second- and third-degree drug possession in Blue Earth County District Court.
Good Question: Why Do We Vote For Judges In Minn.?When you voted Tuesday, you probably noticed a lot of judges on the ballot. This puzzled Kirk from Oak Park Heights because he knows the governor also appoints them. On Washington County's sample ballot, there were 28 judge seats. Twenty-four were unopposed.
Legal Pot In California Irrelevant In Minn. Case Evidence that a defendant can legally use marijuana for medical purposes in another state isn't relevant when that person is on trial for violating Minnesota's drug laws, the state Court of Appeals ruled Tuesday.
Court: State Office Project Foe Must Cover LossesA former lawmaker suing to stop a new Senate office building must come up with an $11 million bond if he wants to press his case forward in the Court of Appeals. A three-judge panel ruled Tuesday that the bond would protect the state from losses resulting from delays due to the litigation by former Rep. Jim Knoblach of St. Cloud. The state had asked for a higher bond while Knoblach's attorney has said it could deter him from pressing the case.
Minn. Prosecutor To Appeal Assisted Suicide RulingA Minnesota law banning the offering of advice or encouragement about how to commit suicide is an unconstitutional restriction on free speech, the state appeals court ruled Monday. The decision by a three-judge panel of the Minnesota Court of Appeals was hailed as a "grand slam" victory by Robert Rivas, an attorney for the Final Exit Network. Two members of the national right-to-die group are charged in the 2007 suicide of Doreen Dunn, a 57-year-old Apple Valley woman who had suffered from chronic pain for more than a decade. Prosecutors "don't have one scintilla of evidence from the scene" to support the charges that the two Final Exit Network members assisted in Dunn's suicide, Rivas said.
Good Question: How Often Do Appeals Work?For almost every criminal convicted in the state of Minnesota, the Court of Appeals is their last and only shot.
Amy Senser's Appeal Will Be Heard April 24Amy Senser's appeal of the felony conviction in the hit-and-run death of a Minneapolis man will be heard in April.
Minn. Case Probes Public Data In Outsourced Work A civil case testing the limits of Minnesota's open records law when it comes to outsourced work is approaching a hearing at the state Court of Appeals.
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