Cited by

Opinions in Minnesota that cite State v. Barsness, 473 N.W.2d 828.

156 citing documents.

Scot Theodore Fenske v. Commissioner of Public Safety Minn. Ct. App. 2026
Safety, (citing Minn. Const. art .
State of Minnesota v. Angelette Marie Crumble Minn. Ct. App. 2026
Safety, ] does not apply when a driver is presented with the choice to submit—or not to submit—to a blood test pursuant to a search warrant.”).
State of Minnesota v. Jacquelyn Jeanne Libis Minn. Ct. App. 2025
Safety, (quoting Prideaux v. State, Dep’t of Pub.
State of Minnesota v. Jayshawn Jarmell Jones Minn. Ct. App. 2025
Safety, (“We have been required to decide a difficult question in a specific situation and have done so.
Jesse Bruce Jensen v. Commissioner of Public Safety Minn. Ct. App. 2024
Safety , 11 (Minn. 1991).
Russel Edward Straub, Jr. v. Commissioner of Public Safety Minn. Ct. App. 2024
In the Matter of the Welfare of the Child of: F. F. N. M., Parent Minn. Ct. App. 2023
Safety, (stating that the constitutional right to counsel does not attach in a criminal case until the prosecution reaches a “critical stage”).
State of Minnesota v. Kyle Duwayne Harms Minn. Ct. App. 2023
State of Minnesota, Minn. 2023
Safety , & n.3 (Minn. 1991) (reviewing other states’ expansions of the right to counsel under state constitutions to determine if we should do the same).
Stewart Edward Underhill v. Commissioner of Public Safety Minn. Ct. App. 2023
State of Minnesota v. Jeremiah Park Hess Minn. Ct. App. 2023
Safety, , a driver “has no right to have counsel present during the test itself ,” Sturgeon v. Comm ’r of Pub.
Jesse M. Gregorich v. Commissioner of Public Safety Minn. Ct. App. 2022
Safety, 837 (Minn. 1991).
State of Minnesota v. Molandas Dionne Johnson Minn. Ct. App. 2022
Minn. 2022
Safety , (Minn. Stat. § 169.123, subd.
State of Minnesota v. Jason Randolph Christianson Minn. Ct. App. 2022
Joseph Lawrence Weber v. Commissioner of Public Safety Minn. Ct. App. 2022
Safety, -98 (Minn. 2019).
State of Minnesota v. Sheldon Emory Noel Minn. Ct. App. 2021
State of Minnesota v. Nicholas Oliver Ekelund Minn. Ct. App. 2020
Safety, (quotation omitted).
State of Minnesota v. Cheryl Oby Albert Minn. Ct. App. 2020
State of Minnesota v. Angela Lorraine Loose Minn. Ct. App. 2020
Alex Jeffrey Mayer v. Commissioner of Public Safety Minn. Ct. App. 2020
State of Minnesota v. Bradley Alan Freeman Minn. Ct. App. 2020
State of Minnesota v. Cory Francis Sandhurst Minn. Ct. App. 2019
Safety , 32 (Minn. 1991),2 that triggered his “limited right to consult an attorney before deciding whether or not to submit to chemical testing for blood alcohol.” We disagree.
State of Minnesota v. Adrian Thomas Howell Minn. Ct. App. 2019
Safety, in which the Minnesota Supreme Court held that “[t]he Minnesota Const itution, article I, section 6 gives [an individual] a limited right to consult an attorney before deciding whether or not to submit to chemical testing for blood alcohol.” see Minn. Const. art. I, § 6 (“The accused shall enjoy the right to .
State v. Rosenbush 931 N.W.2d 91 Minn. 2019
She argued that, under our decision in Friedman v. Commissioner of Public Safety , she had a limited right under the Minnesota Constitution to consult with counsel before deciding whether to submit to a blood test and that police failed to vindicate that right.
Kent David Wentzel v. Commissioner of Public Safety (A18-0698), and State of Minnesota (A18-1732), vs. Kent David Wentzel Minn. Ct. App. 2019
Safety, d 828, 832 (Minn. 1991); (stating that Friedman applies only to implied-consent cases).
State of Minnesota v. Lucas William Haugen Minn. Ct. App. 2019
Brian Allen Platt v. Commissioner of Public Safety Minn. Ct. App. 2019
Michael John Smude v. Commissioner of Public Safety Minn. Ct. App. 2019
Safety, d 828, 832 (Minn. 1991).
State of Minnesota v. Buk Gaak Gany Minn. Ct. App. 2019
Safety , , 837 (Minn. 1991) (citing Minn. Const. art. I, § 6).
State v. Wood 922 N.W.2d 209 Minn. Ct. App. 2019
Wood relies on the italicized language in the following paragraph near the conclusion of the Hunn opinion: Accordingly, we hold that the limited right to counsel recognized by Friedman [v. Commissioner of Public Safety, ] is triggered only when the implied-consent advisory is read.
Mortenson v. Comm'r of Pub. Safety 918 N.W.2d 573 Minn. Ct. App. 2018
Safety , decided the same day as McDonnell , "the right to counsel independently guaranteed by article I, section 6 of the Minnesota Constitution [attaches] at the time an individual is requested to undergo blood alcohol content testing."
State of Minnesota v. Jason Owen Nelson Minn. Ct. App. 2018
State v. Mike 919 N.W.2d 103 Minn. Ct. App. 2018
Safety , , 829 (Minn. 1991).
Jeffrey Paul Nieland v. Commissioner of Public Safety Minn. Ct. App. 2018
State v. Hunn 911 N.W.2d 816 Minn. 2018
The court of appeals reversed, concluding that, because the advisory was not read, there was no violation of the limited right to counsel that we recognized in Friedman v. Commissioner of Public Safety
State of Minnesota v. Galen Dale Littlewind Minn. Ct. App. 2018
Steven Michael Wenzel v. Commissioner of Public Safety Minn. Ct. App. 2018
John Joseph Vondrachek v. Commissioner of Public Safety Minn. Ct. App. 2017
Safety , -33 (Minn. 1991).
State of Minnesota v. Andre Lashon Carter Minn. Ct. App. 2017
State v. Hunn 899 N.W.2d 541 Minn. Ct. App. 2017
State of Minnesota v. Chad Thomas Karnowski Minn. Ct. App. 2017
Safety, (quotation omitted).
Raymond Scott Henry v. Commissioner of Public Safety Minn. Ct. App. 2016
Safety, (citing Minn. Const. art. I, § 6).
State of Minnesota v. N. D. S Minn. Ct. App. 2016
Safety, d 828, 843-46 (Minn. 1991) (Coyne, J., dissenting).
State of Minnesota v. Grant Jason Bresnahan Minn. Ct. App. 2016
State of Minnesota v. Elizabeth Ellen Hartneck Minn. Ct. App. 2016
State of Minnesota v. Derrick Jacqueay Roberson Minn. Ct. App. 2016
Bridget Colleen Johnson v. Commissioner of Public Safety Minn. Ct. App. 2016
Jason Richard Montonye v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Jeffrey Travis Elledge Minn. Ct. App. 2015
Safety, (quotation omitted).