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Ascheman Law Criminal Defense Blog

  • Inevitable-Discovery Exception

    Officers for the state decided to enter defendant's home without a warrant, and eventually began to question them.  Those answers became evidence (as such things often do).  The State tried using those statements, claiming that they would have gotten the statements anyway...   Read More...

  • Closing Arguments and the Record

      This is why you need a well qualified attorney.  As you can see in this case, even when an attorney doesn't win an argument at court, there is a reason to make the argument, and that's for appeal purposes.  Here the Defense made a record of the need for particular leeway in closing arguments.   Read More...

  • Plea Withdrawal - Conditional Release

    Here is a nice update for the rights of the people.  We have a situation where an agreement was reached, one that didn't include the mandatory minimum conditional release.  The Defendant had the conditional release imposed on a modified sentence, without being informed, without a hearing, with no say at all.   Read More...

  • Sex Offender Written Notice Requirement

    It may be an issue of semantics, but Judge Halbrooks presents a clear and concise basis for the justification that change in employment does not necessarily need to be done in writing.  When the Legislature writes a law saying that change in residence must be done in writing, but does not mention that change in employment must be in writing, the written notice is not required.   A13-1215 - State of Minnesota, Respondent, vs.   Read More...

  • Retroactive BAC McNeely

     It was worth a try, I don't know any attorney that expected it to succeed, but it was worth trying.  The courts announced that you can't dig up old cases that would be unconstitutional now and challenge them.  A14-1296 - Shawn Michael O'Connell, petitioner, Appellant, vs.   Read More...

  • Case Law Changes for 15 September

    A14-1077 Ricky James Bedell, petitioner, Appellant, vs. Tom Roy, Commissioner of Corrections, Respondent. Rice County District Court, Hon.   Read More...

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