Ascheman & Smith Blog


Everything listed under: case-blog

  • Case Blog - DUI Civil & Criminal

    Not a big surprise on this one, but Judge Alton tried to do what's right in this case, and got shot down by the Court of Appeals.  (At least I consider it the right move, even if it wasn't supported by procedure). - Long and short of it, Ms.

  • Case Blog: Abshir Abtidon Barrow, vs. State of Minnesota

    Another reason to be careful about controlled substances.  Remember, if you are charged with any controlled substance crimes, there is no substitute to the advice of legal counsel. A13-1520       Abshir Abtidon Barrow, petitioner, Appellant, vs.

  • Case Blog: State v. Craig

    You should always be careful when in possession of a firearm.  But if you have a conviction on your record, especially a felony charge, you should ensure that your firearm rights have been reinstated (this must be done by additional court order, not simply completion of probation). A10-1938        State of Minnesota, Respondent, vs.

  • Case Blog: State v. Hayes

    A perfect example of why it is very important to know your elements and how they apply in your case. A11-1314        State of Minnesota, Respondent, vs. Christopher James Hayes, Appellant.

  • Case Blog: Ferguson v. State

    Just another showing that the world of Post-Conviction Relief is difficult.  It is always better to make every effort to get everything right the first time. A12-0310        Jermaine Ferguson, petitioner, Appellant, vs.

  • Case Blog: Johnson v. Williams

    Yet another opinion from the SCt, this time addressing a situation that is fairly solid in civil law (at least I remember studying something similar way back in law school).  It's unfortunate that the State doesn't need to expressly address the Federal claim, but given that the defendant would have lost his claim, it's easy to presume that the State also found the Federal claim to be insufficient Johnson v. Williams (9-0 Opinion by Justice Alito on February 20, 2013) Summary: ...

  • Case Blog: Henderson v. United States

    The Supreme Court is on a roll with criminal decisions this week.  Here is the latest and greatest: Henderson v. United States (6-3 Opinion by Justice Breyer on February 20, 2013.

  • Case Blog: Evans v. Michigan

    Here is an interesting decision from the U.S. Supreme Court.  Double Jeopardy applies if the Judge grants a directed verdict of acquittal for an element the prosecution failed to prove, that it didn't have to prove.

  • Case Blog: Chaidez v. United States

    Not a big surprise on this one.  I think it was fairly unlikely that the U.S. Supreme Court was going to hold that Padilla (the case holding that defense attorneys must inform their clients of possible deportation) would be retroactive.

  • Case Blog - False Positive Drug Dog

    Here is a recent decision from the U.S. Supreme Court. It looks like everybody makes mistakes, even drug-detection dogs.

  • Case Blog: Bailey v. United States

    Here is another U.S. Supreme Court opinion, discussing the limits on detention when executing a search warrant.  Yeah, you can detain someone when executing a search warrant.

  • Case Blog: Expungement - win?

    This is one of those situations where the actual ruling sounds fantastic, but the order smacks you in the face.  Luckily, (I think) the hidden slap to the face is limited to a foot note.  We are still waiting to see if the Supreme Court will actually rule on an inherent authority petition, but the first foot note on page 4 doesn't give us much hope.

  • Double-Jeopardy - Sufficiency of the Evidence

    Issues of double-jeopardy today.  It's important to note, just getting your conviction reversed doesn't always prevent them from charging you again. A11-1379        State of Minnesota, Respondent, vs.

  • Life Sentence - Minimum Term

    A11-1734        State of Minnesota, Respondent, vs. Eugene Lee Rushton, Appellant. Clay County District Court, Hon.

  • No Contact = No Contact

    A big surprise from the courts today؟ The courts have determined that no contact means no contact - no matter who initiates the contact. A11-1795        State of Minnesota, Respondent, vs. Aaron Bobby Phipps, Appellant.

  • Proper Jury Instructions

    More trial issues this week.  Here we take a look at "curtilage" and "incriminating nature." Despite these issues, proper jury instructions are key. If the jury doesn't know what they are required to decide, the entire trial is for naught.

  • Lesser Included Offenses

    A11-240          State of Minnesota, Respondent, vs. Brandon Dominic Cox, Appellant. Hennepin County.

  • Trial Issues

    A10-0731        State of Minnesota, Respondent, vs. Jerome Emmanuel Davis, Appellant. Hennepin County.

  • Elements of a DANCO JIG

    Today's case review is focused on Jury Instructions.  This is one of the final stages in a proper criminal trial.  However, the Jury Instructions are probably one of the most important aspects, except maybe the Jury Verdict Form.

  • Define "Stacked"

    I'm not sure that the word "stacked" is the best word to use in this case.  Based on my reading, it seems the court of appeals might agree.  To myself, "stacked" would imply that they are all together, one on top of another, concurrent.

  • Vehicle Forfeiture & Torgelson

    An interesting attempt to combat a vehicle forfeiture.  In this case, the vehicle was to be forfeit due to a First Degree DUI conviction.  But, the defense claimed that due to the value of the vehicle, there was a real-property homestead-exemption.

  • Flashing the High-Beams

    Here is an excellent ruling for those of us who know about flashing high-beams.  Why do we do it? What's the reason behind it?

  • Post Conviction Relief - Better have new evidence

    Post Conviction Relief is a complicated situation.  There are some things that will almost always get you a hearing and some that almost never will.  Here we see a split.

  • Out of State Convictions

    Here is one of those fun intricate problems we find with some cases.  I'm not sure everyone would agree with the "fun" portion of that, but at least Mr. Patterson was able to use the distinction of offenses in Minnesota and offenses in Illinois to his advantage.

  • DANCO OK'ed

    Here is a smack in the face of all attorneys and defendants objecting to the DANCO orders being issued at bail hearings.  Not a big surprise for most of us that work on Domestic Abuse cases, but it was an issue that had to be raised and a chance that needed to be taken. A12-0290        State of Minnesota, Appellant, vs.

  • Appealing a Plea & Double Jeopardy

    Appeals are a difficult process, and when combined with a plea withdrawal they can have nightmarish results.  It seems that Mr. Montermini has experienced that trouble first hand.

  • State of Minnesota vs. William Grigsby

    A10-1686        State of Minnesota vs. William Grigsby The district court obtained jurisdiction under Minn. Stat.

  • Battered Woman Syndrome and Trial

    Domestic abuse affects many areas and charges throughout the legal system.  It can often be challenging to get the right information to the judge and jury. A11-0749        State of Minnesota vs.

  • Challenging Appeal Issues

    A11-2045        Jeremy Jackson vs. State of Minnesota Petitioner is not entitled to postconviction relief on his claims of ineffective assistance of appellate counsel when his petition did not identify any prejudice resulting from the failure of petitioner's counsel to raise specific challenges to the State's evidence and did not identify any federal constitutional claims that counsel unreasonably failed to raise. Affirmed.

  • Custody Credit Denied

    In this case ruling we see how custody credit can be denied when there is no probable cause or manipulation by the State. A10-1286 & A11-0548 State of Minnesota vs. Matthew James Clarkin, Defendant convicted of harassing and stalking his victims is not entitled to a jail credit on his harassment/stalking sentence when (1) time spent in custody was for an unrelated parole violation, (2) during the time spent in custody the State did not have both probable cause to arrest and evidence sufficie...

  • Attorney Client Relationships can be difficult - find an attorney that fits

    This is a complicated situation, not because of the intricate facts of the case, but simply the struggles to find an attorney that fits.  I have no doubt that Mr. Phillipe is an excellent attorney, but his attorney-client relationship with Mr.

  • Limit on the First Amendment

    I'd like to say that I'm surprised by this ruling, but unfortunately I'm not.  Every limitation on the First Amendment is a restriction on all of us.  I hope that an appeal is in the works.

  • Cell Phone Protection - MN Takes a Step in the Right Direction

    It's good to see that Minnesota has taken a step in the right direction.  With Barajas, Minnesota has recognized at least some level of privacy in a cell phone.  While this doesn't protect all information in a cell phone, it does offer some level of protection.

  • Bad News for Post Convictions

    Anyone working on getting an old postconviction relief by the courts may be in a rough ride with the recent court decisions. A09-2047        Alexander Jerome Miller, Appellant, vs. State of Minnesota, Respondent.

  • Restitution while on Probation - There is an end to the tunnel

    If you are facing a massive amount of restitution and you're afraid that you will stay on probation forever, I have some good news for you... A12-0150 State of Minnesota, Appellant. vs.

  • Freedom of Facebook

    This was a pretty interesting case.  It was brought to my attention thanks to Justin Kwong over at Virtual Navigator. His blog has a fantastic blog that always has great articles and thoughtful insight.

  • Padilla Doesn't Apply Retroactively

    I don't believe this ruling will come as much of a surprise to any practicing criminal defense attorney.  However, it's good to keep in mind that Padilla is not retroactive when looking at appeals. Rene Reyes Campos, Respondent, vs.

  • In the Matter of the Welfare of A.T.Y, Child

    This week we looked for a case that related to the recent pages we have been adding to the website lately. We ended up coming across a case where the Court of Appeals of Minnesota had to decide whether the district court was wrong in declaring that a particular juvenile should be prosecuted as an adult. Typically, the court system in our country treats juveniles differently than adults because of the idea that juveniles simply aren’t as mature as adults and because of that, shouldn’t be held to ...

  • State v. Hanson

    This week the Minnesota Supreme Court decided a pretty interesting case concerning the intent to sell drugs. The key word in that phrase is “intent”, but maybe a better word is “impression”. The court decided that if a person’s paraphernalia gives the impression that one may be selling or sharing drugs, that is enough for a conviction for “intent” to sell.

  • State v. Leathers

    When most people hear that a convicted defendant is sentenced to 189 months in jail, they assume the defendant has to serve the entire 189 months. A recent Minnesota Supreme Court decision has shown otherwise. We picked this case for this week’s blog because it dispels a lot of notions many may understandably have – the notion that, when convicted, you serve the entire term you’re given.

  • Case Blog State of MN v. Antoine Lamont Hollins

    Foreword- we have another case blog by Kayla Terlinde one of our current law clerks. She has been doing an excellent job reviewing some of the most recent cases out of the Minnesota Supreme Court and Minnesota Court of Appeals. Below is her blog for State v.

  • Case Blog State v. Thompson 788 N.W.2d 485, Minn 2010 - Murder charges

  • Case Blog - State v. Zabawa

  • Case Blog: Roby v. State - A10-399

  • Case Blog: Laine v. Minnesota A09-323

  • Case Blog: Davis v. Minnesota A09-1983

  • Case Blog - Harrison vs. Commissioner of Public Safety – MN Ct. App.

  • Case Blog - State v. Carufel - Minn. SCt

  • Case Blog - State v. Matthews - Minn. SCt

  • Case Blog - State v. Ferguson - MN SCt

  • Case Blog - State v. Holmes - MN SCt

  • Case Blog - State v. Moua Her - MN SCt

  • Case Blog - Bloate v. U.S. - U.S. Supreme Court

  • Case Blog - Padilla v. Kentucky - U.S. Supreme Court

  • Case Blog - State v. Cox A08-145 MN SCt 2010

  • Case Blog - Comcast v. FCC

  • Private E-mail

  • Case Blog - State v. Lessley

  • Florida v. Powell - US Supreme Court - Case Review

  • State v. Lopez A08-100 & A08-133 Minn. SCt (Feb 11, 2010)

  • State v. Raleigh, A08-2273 Minn. SCt. (Feb 4 2010)

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