Westlund v. Commissioner of Public Safety

Jun 09, 2009

OUTCOME: Judge threw out urine test results

See my Minnesota DWI Defense Blog for a copy of the order. Judge Carter granted my motion for a Frye/Mack hearing to determine whether Urine Testing is generally recognized by the forensic science ... community. After a hearing, the found the urine testing as performed in Minnesota is not scientifically valid or reliable and supressed the alcohol test result. He rescinded my client's license revocation and reinstate the license.

State v. Netland, 762 N.W.2d 202, Minn. Supreme Court

Feb 12, 2009

OUTCOME: The Supreme Court overturned Ct of Appeals

Defendant was convicted by a jury in the District Court, Hennepin County, of second-degree driving while impaired (DWI) for refusal to submit to a chemical test. Defendant appealed. Holdings: The Co ... urt of Appeals, Wright, P.J., held that: (1) statute that criminalized a driver's refusal to submit to a chemical test did not violate the Fourth Amendment's prohibition against unreasonable searches; (2) conviction for DWI based on defendant's refusal to submit to a an alcohol breath test violated due process; (3) denial of defendant's motion for a mistrial was not an abuse of discretion; and (4) admission of the incomplete results of defendant's alcohol breath test was not an abuse of discretion. Reversed.

Carroll v. Commissioner of Public Safety

Dec 10, 2007

OUTCOME: Judge threw out Urine Alchol Test;

See my website for the Judge's order. He found that the testing method was so unscientific, that it the legislature could not have intended the results.

State v. Pernell, 2008 WL 123944 (Minn. Ct. App., 2008), Rev'w Granted (Mar. 28, 2008)

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OUTCOME: Upheld Conviction; Supreme Ct Granted Review

WORKE, Judge. On appeal from a conviction for refusal to submit to chemical testing, appellant argues that the refusal statute violates the constitutional right to decline to consent to a search. Ap ... pellant also argues that her Miranda rights were violated when police read her the implied-consent advisory and asked her why she refused to submit to testing. We affirm. In March, 2008, the Minnesota Supreme Court granted review, and stayed the matter pending the outcome of State v. Netland.

State v. Sickmann, 2008 WL 123944 (Minn. Ct. App 2006)

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OUTCOME: Minnesota Court of Appeals Overturnned Conviction

Background: Defendant was convicted in the District Court, Sherburne County, of driving while impaired (DWI) and driving with an alcohol concentration of .10 or more as measured within two hours of dri ... ving. Defendant appealed. Holdings: The Court of Appeals, Huspeni, J., held that: (1) defendant's Confrontation Clause rights were violated by state's failure to call as witness medical technician who drew his blood, and (2) erroneous admission of technician's certificate was not harmless beyond a reasonable doubt. Reversed and remanded. On Remand, the trial court granted Defendant's motion to suppress the blood test. The state had destroyed the blood sample, preventing Defendant from obtaining independent analysis of the blood. Defendant argued that the Constitutional Right of Confrontation trumps the US Supreme Court holding of Trombetta. The trial court agreed. The state appealed and the matter is now pending before the Minnesota Court of Appeals.

State v. Bergh, 679 N.W.2d 734 (Minn. Ct. App. 2004) .

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OUTCOME: Appellate Court Reversed, Dismissed Felony Charge

Background: Defendant was convicted in the District Court, Washington County, John E. Cass, J., of first-degree driving while impaired and driving after revocation. Defendant appealed. Holdings: ... The Court of Appeals, Gordon W. Shumaker, J., held that: (1) motorist's Colorado license revocation, which was based on uncounselled chemical test, violated motorist's Minnesota constitutional right to assistance of counsel before deciding whether or not to submit to blood-alcohol testing, and thus revocation could not be used for enhancement purposes, and (2) motorist met burden of production to show that he was denied assistance of counsel in Colorado. Reversed.

State v. Blom, 682 N.W.2d 578 (Supreme Court Minnesota 2004)

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OUTCOME: Supreme Court Upheld the Conviction

Background: Defendant was convicted in the District Court, St. Louis County, Gary J. Pagliaccetti, J., of first-degree murder, and he was sentenced to life in prison without possibility of parole. Defe ... ndant appealed conviction and denial of his petition for postconviction relief. Holdings: The Supreme Court, Paul H. Anderson, J., held that: (1) trial court acted within its discretion in denying defendant's motions to change venue, to continue trial, and to sequester jury due to pretrial publicity; (2) trial court adequately cautioned against extra-judicial statements; (3) trial court adequately controlled courtroom; (4) Spreigl other-crimes evidence that defendant committed sexual assault was admissible; (5) trial court's denial of defendant's request to represent himself did not violate his constitutional rights; (6) defendant did not show that his confession was involuntary; (7) defendant waived evidentiary protections of rule prohibiting admission of statements made in connection with plea or plea offer with respect to his confession; (8) defendant established sufficient foundation in proffer to present evidence tending to show that alternate perpetrator committed crime; (9) defendant was not prejudiced by trial court's refusal to allow him to present alternative-perpetrator evidence; and (10) defendant was not denied effective assistance of counsel. Affirmed.

Genin v. 1996 Mercury Marquis, 622 N.W.2d 114 (Supreme Court Minnesota 2001)

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OUTCOME: Reversed Lower Ct Rulings in Favor of Driver

After owner of vehicle pleaded guilty to driving with alcohol concentration over .10, second in five years, for which statute did not permit forfeiture of vehicle, owner sought order requiring city to ... pay storage charges that accrued pending forfeiture proceedings. The District Court, Anoka County, Daniel M. Kammeyer, J., held that owner was responsible for all towing and storage expenses associated with seizure of vehicle. Owner appealed. The Court of Appeals, 609 N.W.2d 266, affirmed. Owner appealed. The Supreme Court, Lancaster, J., held that: (1) city was responsible for fees that accrued while vehicle was in storage, and (2) impoundment statute, which specifically provided that no seizing agency or governmental unit was responsible for impoundment fees did not apply. Reversed.

State v. Bergerson, 659 N.W.2d 791 (Minn. Ct. App. 2003)

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OUTCOME: Reversed Trial Court and Overturned Conviction

Defendant was convicted in the District Court, Isanti County, Linn Slattengren, J., of felony controlled substance crime. Defendant appealed. The Court of Appeals, Wright, J., held that: (1) activation ... of squad car's flashing red lights directly behind defendant's car amounted to a seizure; (2) purchase of rubber tubing and acetone did not give officers reasonable suspicion for seizure; (3) defendant's continued driving after activation of flashers did not justify illegal seizure; and (4) defendant's flight, without physical resistance, immediately after illegal stop was not sufficient to purge drugs from taint of that stop. Reversed.

State of Minnesota et al., v. CMI of Kentucky, Inc.

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OUTCOME: Judge approved Settlement