Client was arrested for felony assault after a physical altercation in a bar. The victim was knocked unconscious and taken to the hospital. I raised a self defense claim at trial and the jury rendere...d a not guilty verdict in less than 3 hours.
My client was a passenger in a vehicle driven by a known drug dealer. The vehicle was stopped and my client was searched "pursuant to department policy". There were no furtive movements, my client didn...'t try to hide anything, he voluntarily exited the vehicle and have his name. He was searched nevertheless. The Nicollet County District Court denied my motion to suppress and I appealed. The Minnesota Court of Appeals ruled that because my client was simply present with a drug dealer he could be searched as well. The so-called "automatic companion" rule. I appealed to the Minnesota Supreme Court, wherein the Court concluded that the "automatic companion" rule was unconstitutional.
Appeals
State v McMains
Oct 23, 2001
OUTCOME: Carson won the appeal
Appeal from a district court bail order. Carson argued that a defendant is entitled to monetary bail only, without other conditions, under the MN Constitution. The Court of Appeals ruled in Carson's fa...vor
Criminal defense
State v Lage
N/A
OUTCOME: Client was acquitted
Client arrested for 2nd degree murder in Hennepin County. The firearm and discharged shells were located, and the only DNA on either came from my client. I filed an alternative perpetrator motion in an... effort to specifically tie the crime to someone else, a key states witness. The day he was set to testify, the state gave the true murderer immunity if he testified against my client. He was effectively impeached by that, as well as other past criminal conduct, and he was simply not believable. Moreover, the DNA scientist could not testify on cross examination that my client fired the gun, but did state that just because no other DNA was on the firearm doesn't mean someone else hadn't fired the weapon.
In addition, our investigation learned that the shooter had to be close to the vehicle in which the deceased was sitting in order to fire in the manner as the crime scene investigators determined trajectory. We found official photos that clearly show my client's footprints running out the back door, but nowhere near the front of the house which was where the footprints of the shooter were found.
At closing, I hammered home on the true killer who received immunity for his perjured testimony. And who had been convicted of second degree assault and false info to the police on 2 separate times.
The jury deliberated a total of approximately 4 hours. Not guilty.
Criminal defense
State v Larson
N/A
OUTCOME: Carson prevailed at the district court, court of appeals and Supreme Court
Carson argued that a DNR officer was required to have a warrant to enter an ice fishing house. The district court agreed and dismissed the drug charges. The state appealed to the court of appeals and l...ost. The state then appealed to the Supreme Court and lost again.
Appeals
State v Houx
N/A
OUTCOME: Carson won
The District Court refused to set monetary bail only on a felony. Carson appealed and the court of appeals ruled that for any offense, a defendant is entitled to monetary bail without other conditions
Criminal defense
State v Drazan
N/A
OUTCOME:
Client was charged with felony DUI while on probation for a prior felony DUI. Due to his record, the client was facing a mandatory 54 month prison sentence. Carson negotiated a plea where the client wa...s sentenced to 6 months house arrest