Cited by
Opinions in Minnesota that cite State v. Ness, 834 N.W.2d 177.
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City of Blaine Police Department, Respondent,
Minn. Ct. App. 2026
A collateral attack is “[a]n attack on a judgment in a proceeding other than a direct appeal.” Black’s Law Dictionary 331 (12th ed. 2024) (defining collateral attack); (applying this definition in the context of a collateral attack on an order), aff’d, d 177 (Minn. 2013).
- State of Minnesota v. Robert Jon Hill Minn. Ct. App. 2026
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State of Minnesota v. Robert Jon Hill
Minn. Ct. App. 2026
to support his contention that he was denied procedural due process because the district court did not issue the DANCO in a separate proceeding.
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Matt Monoleetio Vogel, petitioner, Appellant,
Minn. Ct. App. 2026
XIV, § 1; (citing Kolender v. Lawson, 461 U.S. 352, 358 (1983)).
- State of Minnesota, Respondent, vs. Eloisa Rubi Plancarte, Appellant Minn. 2025
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State of Minnesota, Respondent, vs. Eloisa Rubi Plancarte, Appellant
Minn. 2025
Accordingly, a statute is unconstitutionally vague “ ‘if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits’ ” or “ ‘if it authorizes or even encourages arbitrary and discriminatory enforcement.’ ” (quoting Hill v. Colorado, 530 U.S. 703, 732 (2000)).
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In the Matter of the Welfare of the Children of: L. M. G., I. E. F., J. P., …
Minn. Ct. App. 2025
There are two reasons why a statute may be ruled unconstitutionally vague: “First, if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits; and second, if it authorizes or even encourages arbitrary and discriminatory enforcement.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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Hiebert Greenhouses of Minnesota, Inc., et al., Relators,
Minn. Ct. App. 2024
y and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” (quoting Armstrong v. Manzo, 380 U.S. 545, 550 (1965)), aff’d
- State of Minnesota v. Toni Elizabeth Ickler Minn. Ct. App. 2024
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State of Minnesota v. Toni Elizabeth Ickler
Minn. Ct. App. 2024
aff’d, in which we stated generally that “a party’s failure to appeal the issuance of a court order precludes a collateral attack on that order in a subsequent proceeding.” Id.
- State of Minnesota v. Logan Hunter Vagle Minn. Ct. App. 2023
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State of Minnesota v. Logan Hunter Vagle
Minn. Ct. App. 2023
A vague law may violate due process “for either of two independent reasons: ‘First, if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits;’ and ‘[s]econd, if it authorizes or even encourages arbitrary and discriminatory enforcement.’” (alteration in original) (quoting Hill v. Colorado, 530 U.S. 703, 732 (2000)).
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In the Matter of: Natasha Elizabeth Ann Isenhower, petitioner, Respondent,
Minn. Ct. App. 2023
See Minn. Stat. § 629.75 (2022) (providing for 8 DANCOs); (noting that OFPs are issued in a civil proceeding whereas DANCOs are issued in criminal proceedings), aff’d, .
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
issuance of a pretrial DANCO in a subsequent proceeding for violation of that DANCO.”), aff’d on other grounds
- Bedeau v. Evans 926 N.W.2d 425 Minn. Ct. App. 2019
- Thibodeaux v. Evans 926 N.W.2d 602 Minn. Ct. App. 2019
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Thibodeaux v. Evans
926 N.W.2d 602
Minn. Ct. App. 2019
State v. Ness , , 181 (Minn. 2013).
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Bedeau v. Evans
926 N.W.2d 425
Minn. Ct. App. 2019
State v. Ness , , 181 (Minn. 2013) (quoting Soohoo v. Johnson , , 821 (Minn. 2007) ).
- State v. Schloegl 915 N.W.2d 14 Minn. Ct. App. 2018
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State v. Schloegl
915 N.W.2d 14
Minn. Ct. App. 2018
See State v. Ness , , 228 (Minn. App. 2012), aff'd
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, A17-1301
Minn. Ct. App. 2018
Nothing prevented Schloegl—after discharging his public defender—from “moving the court to modify or lift the [no-contact order].” aff’d d 177 (Minn. 2013).
- , A17-0220, A17-0222 Minn. Ct. App. 2017
- Keith Charles Lexvold v. Commissioner of Public Safety Minn. Ct. App. 2016
- Keith Charles Lexvold v. Commissioner of Public Safety Minn. Ct. App. 2016
- State of Minnesota v. Wallace Alery Christopher Obey Minn. Ct. App. 2016
- State of Minnesota v. Wallace Alery Christopher Obey Minn. Ct. App. 2016
- State of Minnesota v. Robert Frederick Smart Minn. Ct. App. 2016
- Paul James Ayers v. Commissioner of Public Safety Minn. Ct. App. 2016
- State of Minnesota v. Robert Frederick Smart Minn. Ct. App. 2016
- Paul James Ayers v. Commissioner of Public Safety Minn. Ct. App. 2016
- Michael John Frank v. Commissioner of Public Safety Minn. Ct. App. 2016
- Michael John Frank v. Commissioner of Public Safety Minn. Ct. App. 2016
- James David Clark v. Commissioner of Public Safety Minn. Ct. App. 2016
- James David Clark v. Commissioner of Public Safety Minn. Ct. App. 2016
- James David Clark v. Commissioner of Public Safety Minn. Ct. App. 2016
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James David Clark v. Commissioner of Public Safety
Minn. Ct. App. 2016
“The constitutionality of a statute is a question of law that we review de novo.” (quotation omitted).
- State of Minnesota v. Jeremiah Raymond Hoskins Minn. Ct. App. 2016
- State of Minnesota v. Jeremiah Raymond Hoskins Minn. Ct. App. 2016
- State of Minnesota v. Allen Maurice Moffett Minn. Ct. App. 2016
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State of Minnesota v. Allen Maurice Moffett
Minn. Ct. App. 2016
“As a general rule, a party’s failure to appeal the issuance of a court order precludes a collateral attack on 5 that order in a subsequent proceeding.” (quotation omitted), aff’d
- Marsha Katherine Millonig v. Commissioner of Public Safety Minn. Ct. App. 2016
- Shannon Forstrom Walsh v. Commissioner of Public Safety Minn. Ct. App. 2016
- Marsha Katherine Millonig v. Commissioner of Public Safety Minn. Ct. App. 2016
- Shannon Forstrom Walsh v. Commissioner of Public Safety Minn. Ct. App. 2016
- Jamel Daniel Hoard v. State of Minnesota Minn. Ct. App. 2016