Recent Posts in Felonies Category

Criminal Vehicular Homicide Victim’s Alcohol Consumption Relevant

The conviction of a Defendant found guilty of 3 counts of criminal vehicular homicide has been overturned by the Minnesota Court of Appeals, and he will be given a new trial. In State v. Jeremy Scott Nelson, the Court of Appeals maintained that the victim’s blood alcohol content should also be considered if the jury …

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Search of Vehicle that Revealed Illegal Drugs Upheld

In State v. Boerboon, a Minnesota Court of Appeals unpublished decision filed August 1, 2011, in a challenge by Defendant to a fifth-degree possession of controlled substance conviction, the Court upheld the conviction and determined that the search of Defendant’s vehicle was constitutional. Defendant argued that there was no probable cause to search his vehicle, …

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U.S. Supreme Court Widens Police Powers

In a concerning 8-1 decision decided May 16, 2011, the U.S. Supreme Court expanded police search powers and greatly reduced the constitutional protections against unreasonable search and seizures. The Fourth Amendment sets forth that 1) all searches and seizures must be reasonable, and 2) a search warrant may not be issued unless probable cause is …

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Murder Conviction Upheld in Death of Unborn Child

An attempt to withdraw a guilty plea was denied by the Minnesota Appellate Court in a decision filed July 5, 2011. See State of Minnesota vs. Paul Andrew Peterson. Appellant Paul Andrew Peterson attempted to withdraw a plea he entered to second-degree murder. The basis of his request was that he intended to cause the …

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