Tag Archives: Originalism

Text and Subtext

What does the Minnesota Supreme Court really care about?  Consider:  For his analysis of the Fourth Amendment consent issues in Brooks, Justice Stras required only 308 words, a mere two paragraphs.  But he needed 21 opinion pages in February’s State v. … Continue reading

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Bill Johnson on Lessley: The Value of Frank Exchange in the Trial Court & Other Thoughts

Let me add just a few thoughts to the consideration of Lessley. First, the issue ducked by the court on whether the trial judge should be removed for cause is an interesting one.   We traditionally think of bias or prejudice … Continue reading

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