Cited by

Opinions in Minnesota that cite State v. Mellett, 642 N.W.2d 779.

31 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2024
(affirming test-refusal conviction where the defendant committed one traffic violation —drivin g the wrong way down a one - way street—and then refused to perform field sobriety tests or a PBT).
State of Minnesota, Respondent, Minn. Ct. App. 2024
“[U]nder the Fifth Amendment, a criminal defendant has a right against self- incrimination and [must be] informed of that right.” (citing Miranda v. Arizona, 384 U.S. 436, 444 (1966)), rev. denied 11 (Minn. July 16, 2002).
Jesse M. Gregorich, Appellant, Minn. Ct. App. 2022
-88 (Minn. App. 2002), rev. denied (Minn. July 16, 2020).
Andrew Will Alexander, petitioner, Appellant, Minn. Ct. App. 2021
(considering uncounseled guilty plea); (considering license revocation obtained after alleged lack of opportunity to consult counsel), review denied (Minn. July 1 6, 2020); Anderson v. Comm’r of Pub.
State of Minnesota, Respondent, Minn. Ct. App. 2018
review denied (Minn. July 16, 2002).
State of Minnesota, Respondent, Minn. Ct. App. 2017
John Joseph Vondrachek, petitioner, Appellant, Minn. Ct. App. 2017
App. 2008) (same); State v. Mellett , (M inn.
Amy Lynn-Ishwar Butani v. Commissioner of Public Safety Minn. Ct. App. 2017
Amy Lynn-Ishwar Butani v. Commissioner of Public Safety Minn. Ct. App. 2017
review denied (Minn. July 16, 2002).
State of Minnesota v. Bradley Edward Reps Minn. Ct. App. 2016
State of Minnesota v. Bradley Edward Reps Minn. Ct. App. 2016
review denied (Minn. July 16, 2002).
Tyler Lee Johnson v. Commissioner of Public Safety 887 N.W.2d 281 Minn. Ct. App. 2016
Tyler Lee Johnson v. Commissioner of Public Safety 887 N.W.2d 281 Minn. Ct. App. 2016
The commissioner relies on State v. Mellett, in which this court stated, “if a claim is covered by a specific constitutional provision, that claim must be analyzed according to the standards established by the specific provision, and not as a possible violation of the claimant’s substantive-due-process rights.”
Kristin Marie Poeschel v. Commissioner of Public Safety 871 N.W.2d 39 Minn. Ct. App. 2015
Kristin Marie Poeschel v. Commissioner of Public Safety 871 N.W.2d 39 Minn. Ct. App. 2015
“[I]f a claim is covered by a specific constitutional provision, that claim must be analyzed according to the standards established by the specific provision, and not as a possible violation of the claimant’s substantive-due-process rights.” review denied (Minn. July 16, 2002).
Justin Steven Luedke v. Commissioner of Public Safety Minn. Ct. App. 2015
Justin Steven Luedke v. Commissioner of Public Safety Minn. Ct. App. 2015
review denied (Minn. July 16, 2002).
Jeremy Ray Johnson v. Commissioner of Public Safety Minn. Ct. App. 2015
Jeremy Ray Johnson v. Commissioner of Public Safety Minn. Ct. App. 2015
-88 (Minn. App. 2002), review denied (Minn. July 16, 2002).
State v. Koppi 779 N.W.2d 562 Minn. Ct. App. 2010
State v. Koppi 779 N.W.2d 562 Minn. Ct. App. 2010
review denied (Minn. July 16, 2002).
State v. Omwega 769 N.W.2d 291 Minn. Ct. App. 2009
State v. Omwega 769 N.W.2d 291 Minn. Ct. App. 2009
State v. Netland 742 N.W.2d 207 Minn. Ct. App. 2007
State v. Netland 742 N.W.2d 207 Minn. Ct. App. 2007
(acknowledging that criminalizing refusal is a “means of coercion”), review denied (Minn. July 16, 2002).
State v. Werner 725 N.W.2d 767 Minn. Ct. App. 2007
State v. Werner 725 N.W.2d 767 Minn. Ct. App. 2007
(addressing issue of custody even though district court and court of appeals bypassed issue based on parties’ stipulation that suspect was in custody); -88 (Minn.App.2002) (stating that district court's determination regarding custody and necessity of Miranda warning are issues of law that appellate court reviews independently), review denied (Minn. July 16, 2002).
Whitten v. State 690 N.W.2d 561 Minn. Ct. App. 2005
Whitten v. State 690 N.W.2d 561 Minn. Ct. App. 2005
App. P. 103.04 to review the constitutionality of statute despite the district court’s failure to address the issue); (using Minn. R. CivApp.
State v. Bergh 679 N.W.2d 734 Minn. Ct. App. 2004
State v. Bergh 679 N.W.2d 734 Minn. Ct. App. 2004
(holding that the defendant must come forward with some evidence that he was deprived of counsel before the state will have the burden to show the absence of a constitutional violation), review denied (Minn. July 16, 2002).