Retroactive BAC McNeely

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. State of Minnesota, Respondent.

Hennepin County District Court, Hon. Fred Karasov.

The rule announced in Missouri v. McNeely, 133 S. Ct 1552 (2013), that natural dissipation of alcohol in the blood does not constitute a per se exigency justifying a warrantless search, does not retroactively apply on collateral review of a final conviction.

Affirmed.  Judge Louise Dovre Bjorkman.


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