Cited by

Opinions in Minnesota that cite McDonnell v. Commissioner of Public Safety, 473 N.W.2d 848.

187 citing documents.

Todd John Hendrickson v. Commissioner of Public Safety Minn. Ct. App. 2016
Jesse John Susa v. Commissioner of Public Safety Minn. Ct. App. 2016
Derek David Udovich v. Commissioner of Public Safety Minn. Ct. App. 2016
Jesse John Susa v. Commissioner of Public Safety Minn. Ct. App. 2016
Safety, respondent specifically argues that his due-process rights were violated because the implied-consent advisory included the misleading statement, “[r]efusal to take a test is a crime.” Appellant does not directly respond to this assertion, but continues to argue that the urine test was permissible und
Derek David Udovich v. Commissioner of Public Safety Minn. Ct. App. 2016
Hugh Herman Hansen v. Commissioner of Public Safety Minn. Ct. App. 2016
Hugh Herman Hansen v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. Joshua David Gehloff Minn. Ct. App. 2016
State of Minnesota v. Joshua David Gehloff Minn. Ct. App. 2016
State of Minnesota v. Bradley Edward Reps Minn. Ct. App. 2016
Ryan Paul Jirik v. Commissioner of Public Safety Minn. Ct. App. 2016
Ryan Paul Jirik v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. Bradley Edward Reps Minn. Ct. App. 2016
Safety, 855 (Minn. 1991) (holding, in case in which driver’s license had not been revoked previously, that driver’s constitutional due-process rights were violated when police officer read an implied-consent advisory that misinformed driver by stating that driver’s refusal to submit to chemical test would be a crime
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
Richard Lavern O�Gara v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. James Patrick Jones Minn. Ct. App. 2016
State of Minnesota v. James Patrick Jones Minn. Ct. App. 2016
Safety, d 848, 854 (Minn. 1991).
Richard Lavern O�Gara v. Commissioner of Public Safety Minn. Ct. App. 2016
Safety, (stating that, when an officer threatens criminal charges the state is not authorized to impose, an individual’s due-process rights are 1 In reassessing the voluntariness of O’Gara’s consent, the district court may also consider whether the warrantless blood test supports license revocation on o
James Edward Boutto v. Commissioner of Public Safety Minn. Ct. App. 2016
Richard Lee Zimmerman v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. Tiffany Nicole Phillips Minn. Ct. App. 2016
Paul James Ayers v. Commissioner of Public Safety Minn. Ct. App. 2016
Mitchell Edwin Morehouse v. Commissioner of Public Safety Minn. Ct. App. 2016
Paul James Ayers v. Commissioner of Public Safety Minn. Ct. App. 2016
Mitchell Edwin Morehouse v. Commissioner of Public Safety Minn. Ct. App. 2016
Safety, (stating that when an officer threatens criminal charges the state is not authorized to impose, an individual’s due-process rights are violated).
Richard Lee Zimmerman v. Commissioner of Public Safety Minn. Ct. App. 2016
James Edward Boutto v. Commissioner of Public Safety Minn. Ct. App. 2016
Appellant also cites McDonnell v. Comm’r of Public Safety, to support his position that the misleading nature of the implied-consent advisory violated his substantive due-process rights.
State of Minnesota v. Tiffany Nicole Phillips Minn. Ct. App. 2016
State of Minnesota v. James Robert Stepke Minn. Ct. App. 2016
State of Minnesota v. James Robert Stepke Minn. Ct. App. 2016
(holding that “[b]ecause [Minn. Stat. § 169.123, subd.
Bridget Colleen Johnson v. Commissioner of Public Safety Minn. Ct. App. 2016
Bridget Colleen Johnson v. Commissioner of Public Safety Minn. Ct. App. 2016
Safety, (stating that “a state does not violate the fundamental fairness inherent to due process by choosing not to advise individuals of all the possible consequences they could face in refusing a breath test”).
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
Safety, -55 (Minn. 1991) (holding part of implied consent advisory unconstitutional where it threatened unauthorized criminal charges).
Peter Alan Krech v. Commissioner of Public Safety Minn. Ct. App. 2015
Ryan John Nordell v. Commissioner of Public Safety Minn. Ct. App. 2015
Peter Alan Krech v. Commissioner of Public Safety Minn. Ct. App. 2015
Safety, (holding that it was a due-process violation to threaten a driver with the crime of test refusal when the state was not authorized to impose such charges); Minn. Stat. 9 § 169A.20, subd.
Ryan John Nordell v. Commissioner of Public Safety Minn. Ct. App. 2015
Safety, forecloses the argument that the criminalization of test refusal violates the unconstitutional-conditions doctrine, as applied to the Fifth Amendment.
Del Roy Lloyd Wendt, III v. Commissioner of Public Safety Minn. Ct. App. 2015
Clayton Leonard Thompson v. Commissioner of Public Safety Minn. Ct. App. 2015
Clayton Leonard Thompson v. Commissioner of Public Safety Minn. Ct. App. 2015
Safety, d 848, 854 (Minn. 1991).
Del Roy Lloyd Wendt, III v. Commissioner of Public Safety Minn. Ct. App. 2015
in support of the proposition that the implied consent advisory cannot be used to mislead a person about the law.
State of Minnesota v. Leslie Jay Boyd, Jr. Minn. Ct. App. 2014
State of Minnesota v. Leslie Jay Boyd, Jr. Minn. Ct. App. 2014
Safety, the Minnesota Supreme Court articulated the same sentiment, finding “the fact that certain individuals may face criminal charges for refusing to undergo testing in no way compels those individuals to refuse.” d 848, 855-56 (Minn. 1991).
Jason Lee Morzenti v. Commissioner of Public Safety Minn. Ct. App. 2014
Leslie Jay Boyd, Jr. v. State of Minnesota Minn. Ct. App. 2014
Leslie Jay Boyd, Jr. v. State of Minnesota Minn. Ct. App. 2014
–56 (Minn. 1991); see also Brooks, d at 570 (following McDonnell and Neville).
Jason Lee Morzenti v. Commissioner of Public Safety Minn. Ct. App. 2014
And in McDonnell v. Commissioner of Public Safety, our supreme court stated that “[t]he fact that certain individuals may face criminal charges for refusing to undergo testing in no way compels those individuals to refuse.” –56 (Minn. 1991).
Adam Perry Schroll v. Commissioner of Public Safety Minn. Ct. App. 2014