Monthly Archives: June 2011

Courts Lack Authority to Depart from Mandatory Minimum Sentencing Requirements

In State of Minnesota vs. Sarah DeAnn Rausch, an appellate decision filed May 23, 2011, the Minnesota Court of Appeals reversed and remanded a district court order that resulted in a downward departure for a first-time burglary offender. Rausch was charged with two counts of burglary, one count of harassment, and one count of assault. …

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DWI Conviction Overturned for Intoxicated Man Operating Mobility Scooter

In State v. James Anthony Brown, Jr., filed June 13, 2011, the Court of Appeals reversed a district court order finding Brown guilty of DWI for an incident that occurred while he was driving a motorized mobility scooter. The district court incorrectly held that the motorized scooter was a motor vehicle, and therefore, since Brown …

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