Monthly Archives: May 2010

Thomas Solmer on the MN Court of Appeals, Harrison v. Comm’r of Public Safety

On May 4, 2010, the Minnesota Court of Appeals held in Harrison v. Commissioner of Public Safety that no Fourth Amendment search occurs when the government actually tests the alcohol concentration of a blood sample that was previously drawn and … Continue reading

Posted in MN Court of Appeals | Tagged , , | 1 Comment

RECENT OPINION: BRAYTON v. PAWLENTY, May 5, 2010

In the unallotment case, a controversy about power-sharing between the executive and legislative branches becomes the vehicle for the Minnesota Supreme Court to debate its own legitimate role in the constitutional order.  Whatever else you may think about the case’s outcome … Continue reading

Posted in Civil | Tagged , , | 3 Comments

Appointments In

It’s Justice Gildea as Chief Justice and University of Minnesota law professor David Stras to fill Gildea’s seat. Justice Gildea has developed into an extremely interesting figure on the Court.  We’re still struggling to get out our unallotment post (sorry; … Continue reading

Posted in Court Watching | 3 Comments

RECENT OPINION: STATE V. CARUFEL, APRIL 29, 2010

State v. Carufel interprets Minnesota Statute section 152.01, subdivision 12a, which defines “park zone” as used in the drug crime statutes.  The case is about as interesting as sorghum.  It holds that when the land surrounding a public park is … Continue reading

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