In State v. Thomas Allen Zais, the Minnesota Supreme Court held that marital testimonial privilege does not apply in disorderly conduct cases. Minnesota law has a marital privilege statute which provides that a spouse cannot testify against his or her spouse or be examined about a communication made by one spouse to the other during …Continue reading "No Marital Privilege for Husband Charged with Disorderly Conduct"
In an unpublished opinion, the Court of Appeals upheld a district court’s order suppressing two interviews in a criminal sexual conduct case involving a minor on the basis that the interviews were conducted in violation of Minnesota state law and were unreliable hearsay. State v. William Franklin Wanner. On December 31, 2009, William Wanner was …Continue reading "Suppression of statements in 2nd Degree Criminal Sexual Conduct Case Upheld"
A district court decision that held a driver charged with DWI had been illegally seized was reversed by the Minnesota Court of Appeals recently in the unpublished opinion Statev. Derek Wayne Johnson. The stop occurred on April 8, 2011 when a Hibbing police officer was dispatched on a report that headlights had been seen on …Continue reading "DWI Illegal Seizure Overturned"