Supreme Court Digest: Dec. 6. 2017

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Criminal

Ineffective Assistance of Counsel

Deficient Performance

Appellant was convicted of first-degree premeditated murder and second-degree intentional murder in connection with the stabbing death of his girlfriend. Appellant appealed, arguing that he was entitled to a new trial because his defense counsel provided ineffective assistance by conceding the only disputed elements of the charged offenses—premeditation and intent—without his consent. The Supreme Court held that defense counsel rendered ineffective assistance requiring a new trial when he conceded the element of premeditation, and therefore effectively conceded the element of intent, without appellant’s consent, during closing arguments. Reversed and remanded.

A16-1213 State v. Luby (Dakota County)

http://mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/OPA161213-120617.pdf

Search Warrants

Containers

The question presented in this case was whether the police violated the Fourth Amendment when, during their execution of a warrant to search a home, they searched a purse that belonged to a guest at the home. The District Court and Court of Appeals concluded that the search did not violate the Fourth Amendment. Noting that the police at the time of the search did not know to whom the purse belonged, the Supreme Court held that, because the police’s search of a guest’s purse, during their execution of a premises warrant, was reasonable under the totality of the circumstances, the search did not violate the Fourth Amendment. Affirmed.

A16-0330 State v. Molnau (Court of Appeals)

http://mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/OPA160330-120617.pdf

Orders

Attorney Discipline

Probation

Todd Curtis Pearson’s current probation was extended for one year.

A17-1613 In re Pearson

http://mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/ORA171613-120417.pdf

Attorney Discipline

Reinstatement

Duane A. Kennedy was conditionally reinstated to the practice of law and placed on probation for two years.

A17-1448 In re Kennedy

http://mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/ORA171448-120117.pdf

Vacancies

State Guardian ad Litem Board

Public Member

The Minnesota Supreme Court seeks a public member for the State Guardian ad Litem Board.  Applicants must be from the Third, Fifth, Sixth, Seventh, Eighth or Ninth Judicial District.  Applications will be accepted until January 4, 2018.