|
BY: admin
POSTED: July 5, 2010
Tags: Constitutional Law
A08-0777 Minnesota v. Finnegan (Court of Appeals) |
|
|
BY: admin
POSTED: May 17, 2010
Tags: Constitutional Law
1. The Governor is not a necessary or proper party to a ballot challenge brought under Minn. Stat. sec. 204B.44 (2008) that seeks only relief that the Governor is not responsible for providing. 2. When there have been successive vacancies and appointments to a judicial office, Article VI, Section 8, of the Minnesota Constitution provides [...] |
|
|
BY: admin
POSTED: May 17, 2010
Tags: Constitutional Law
Where a contract permits a party to collect attorney fees incurred in enforcing the contract, the Minnesota Constitution does not guarantee a right to trial by jury on the issue of attorney fees. We conclude that the District Court did not abuse its discretion in determining the amount of the fees awarded. Affirmed. |
|
|
BY: admin
POSTED: May 10, 2010
Tags: Constitutional Law
A person whose blood sample is lawfully obtained and preserved in connection with a valid request under the implied-consent law has no reasonable expectation of privacy in the amount of alcohol contained in the sample and, therefore, subsequent testing of the sample to determine the alcohol concentration does not constitute a search that implicates constitutional [...] |
|
|
BY: admin
POSTED: May 10, 2010
Tags: Constitutional Law
In Giles v. California, 128 S. Ct. 2678 (2008), the U.S. Supreme Court held that the forfeiture-by-wrongdoing doctrine permits unconfronted testimony of a murder victim into evidence only if there is a showing that the defendant killed the declarant with the intent of preventing the declarant from testifying. Because Giles changed the law in Minnesota [...] |
|
|
BY: admin
POSTED: May 3, 2010
Tags: Constitutional Law
Minn. Stat. sec. 326B.43, subd. 6 (2008), which prohibits the installation of air-admittance valves in plumbing systems, does not violate the Equal Protection Clauses of the state and federal constitutions because there is a rational connection between the prohibition of air-admittance valves and the protection of the public’s health and safety. In addition, the statute [...] |
|
|
BY: admin
POSTED: April 26, 2010
Tags: Constitutional Law
A District Court shall order an offender to submit a DNA sample for identification purposes when the court “adjudicates a person a delinquent child who is petitioned for committing or attempting to commit a felony offense and is adjudicated delinquent for that offense or any offense arising out of the same set of circumstances.” Minn. [...] |
|
|
BY: admin
POSTED: April 26, 2010
Tags: Constitutional Law
A District Court shall order an offender to submit a DNA sample for identification purposes when the court “adjudicates a person a delinquent child who is petitioned for committing or attempting to commit a felony offense and is adjudicated delinquent for that offense or any offense arising out of the same set of circumstances.” Minn. [...] |
|
|
BY: admin
POSTED: April 26, 2010
Tags: Constitutional Law
Absent prosecutorial misconduct, the District Court’s refusal to order use immunity to secure a defense witness’s testimony, when the state has not requested such immunity, does not generally deprive a defendant of the constitutional right to present a complete defense. Where defendant was indicted for murder after shooting the victim in the presence of a [...] |
|
|
BY: admin
POSTED: April 19, 2010
Tags: Constitutional Law
Where defendant was charged with a misdemeanor for failing to follow the terms of a wetland restoration order issued by a state agency; defendant did not appeal an agency’s order; and at trial, the District Court admitted the restoration order and excluded evidence that showed the order should not have been issued; we conclude that [...] |
|
