Cited by
Opinions in Minnesota that cite State v. Barsness, 473 N.W.2d 828.
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Hunter Daniel Hanlon v. Commissioner of Public Safety
Minn. Ct. App. 2015
Safety, (citing Minn. Const. art. I, § 6).
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Ryan John Nordell v. Commissioner of Public Safety
Minn. Ct. App. 2015
Safety held that 8 Article I, section 6 guarantees DWI arrestees a “limited right to counsel within a reasonable time before submitting to testing.”
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State of Minnesota v. Zachary Michael McGowan
Minn. Ct. App. 2015
Safety, see also Minn. Stat. § 169A.51, subd.
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State of Minnesota v. Paul Vang
Minn. Ct. App. 2015
Safety, the Minnesota Supreme Court held that individuals have the limited right to a reasonable amount of time in which to attempt to consult with counsel before complying with implied-consent testing or refusing to do so.
- Chad William Mosher v. Commissioner of Public Safety Minn. Ct. App. 2015
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Peter Alan Krech v. Commissioner of Public Safety
Minn. Ct. App. 2015
Safety, (citing Minn. Const. art. I, § 6).
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State of Minnesota v. David Ford McMurray
860 N.W.2d 686
Minn. 2015
For example, in Friedman v. Commissioner of Public Safety, this court observed that “Minnesota has a long tradition of assuring the right to counsel.” , 831 (Minn.1991).
- State of Minnesota v. Paul Richard Dehn Minn. Ct. App. 2015
- State of Minnesota v. Joseph John Wasche, III Minn. Ct. App. 2014
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State of Minnesota v. Ronald Earle Menzie
Minn. Ct. App. 2014
Safety, (“The right to counsel will be considered vindicated if the person is provided with a telephone prior to testing and given a reasonable time to contact and talk with counsel.
- State of Minnesota v. Amanda Sue Thorne Minn. Ct. App. 2014
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State of Minnesota v. Carmilla J. Thibodeau-Schoeszler
Minn. Ct. App. 2014
Safety, the supreme court held that “a driver who has been stopped for a possible DWI violation and has been asked to submit to a chemical test is at a ‘critical stage’ in DWI proceedings, thus triggering the right to counsel.” While this appears straightforward, Friedman is an implied-consent case; the
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Stephanie Ann Keim v. Commissioner of Public Safety
Minn. Ct. App. 2014
Safety, d 828, 835 (Minn. 1991).
- State of Minnesota v. Ashley Elizabeth Williams Minn. Ct. App. 2014
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Jack Eugene Christiansen v. Commissioner of Public Safety
Minn. Ct. App. 2014
Safety, (applying Minn. Const. art. I, § 6).
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Axelberg v. Commissioner of Public Safety
848 N.W.2d 206
Minn. 2014
Safety, Prideaux v. State.
- State v. Brooks 838 N.W.2d 563 Minn. 2013
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State v. Maddox
825 N.W.2d 140
Minn. Ct. App. 2013
Safety, (quoting Powell v. Alabama, 287 U.S. 45, 69 , 53 S.Ct.
- Nelson v. Commissioner of Public Safety 779 N.W.2d 571 Minn. Ct. App. 2010
- State v. Koppi 779 N.W.2d 562 Minn. Ct. App. 2010
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Morris v. State
765 N.W.2d 78
Minn. 2009
at 97 (citing Friedman v. Comm’r of Public Safety, 836 (Minn.1991)); see also Minn.Stat.
- State v. Underdahl 767 N.W.2d 677 Minn. 2009
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Schulz v. Commissioner of Public Safety
760 N.W.2d 331
Minn. Ct. App. 2009
Safety, , 833 (Minn.1991)), review denied (Minn. Oct.
- Mell v. Commissioner of Public Safety 757 N.W.2d 702 Minn. Ct. App. 2008
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State v. Loeffel
749 N.W.2d 115
Minn. Ct. App. 2008
Safety, (allowing a limited right to counsel before a defendant is asked to submit to chemical testing).
- State v. Melde 725 N.W.2d 99 Minn. 2006
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State v. Schmidt
712 N.W.2d 530
Minn. 2006
Schmidt relied on the court of appeals’ which held that a “Colorado driver’s license revocation resulting from an uncounseled blood-alcohol test violates the Minnesota Constitution and cannot be used to enhance Minnesota impaired driving charges.” Bergh was *533 which held that under the Minnesota Constitution, “an individual has the right, upon request, to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing.” The district court agreed that Bergh
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Deegan v. State
711 N.W.2d 89
Minn. 2006
836 (Minn.1991) (citing Minn. Const. art. I, § ,6 (“The accused shall enjoy the right * * * to have the assistance of counsel in his defense.”)).
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State v. Myers
711 N.W.2d 113
Minn. Ct. App. 2006
Safety, that “under the right-to-counsel clause in *119 article I, section 6 of the Minnesota Constitution, an individual has the right, upon request, to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing.” Under Minn.Stat.
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State v. Kouba
709 N.W.2d 299
Minn. Ct. App. 2006
Safety, (“Minnesota has a long tradition of assuring the right to counsel.”); (Minn.App.
- State v. Schuster 709 N.W.2d 282 Minn. Ct. App. 2006
- State v. Skapyak 702 N.W.2d 331 Minn. Ct. App. 2005
- State v. Skapyak 702 N.W.2d 331 Minn. Ct. App. 2005
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Kahn v. Griffin
701 N.W.2d 815
Minn. 2005
Hershberger, d at 397-99; Friedman v. Comm’r of Public Safety, Skeen, d at 313-15 .
- State v. Schmidt 701 N.W.2d 313 Minn. Ct. App. 2005
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State v. Clark
698 N.W.2d 173
Minn. Ct. App. 2005
Safety, see also Minn. Const, art. I, § 6 (providing that “[i]n all criminal prosecutions the accused shall enjoy the right ...
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Lewis v. State
697 N.W.2d 624
Minn. Ct. App. 2005
Safety, 835 (Minn.1991).
- State v. Barrett 694 N.W.2d 783 Minn. 2005
- State v. Bergh 679 N.W.2d 734 Minn. Ct. App. 2004
- Maietta v. Commissioner of Public Safety 663 N.W.2d 595 Minn. Ct. App. 2003
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Jones v. Commissioner of Public Safety
660 N.W.2d 472
Minn. Ct. App. 2003
Safety, (interpreting Minn. Const. Art. 1, § 6).
- Paone v. State 658 N.W.2d 896 Minn. Ct. App. 2003
- State v. Collins 655 N.W.2d 652 Minn. Ct. App. 2003
- State v. Stoskopf 644 N.W.2d 842 Minn. Ct. App. 2002
- State v. Mellett 642 N.W.2d 779 Minn. Ct. App. 2002
- State v. Webster 642 N.W.2d 488 Minn. Ct. App. 2002
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Hartung v. Commissioner of Public Safety
634 N.W.2d 735
Minn. Ct. App. 2001
Safety, (holding that right to counsel under implied-consent statute is limited because of the “evanescent nature” of alcohol).
- Busch v. Commissioner of Public Safety 614 N.W.2d 256 Minn. Ct. App. 2000
- Groe v. Commissioner of Public Safety 615 N.W.2d 837 Minn. Ct. App. 2000
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State v. Neely
604 N.W.2d 120
Minn. Ct. App. 2000
Safety, (unconstitutionality of statute denying motorist right to consult attorney prospectively applied) and McDonnell v. Comm’r of Pub.