green
Positive treatment
Quoted verbatim 5×
56.5 score
G Cite
cited 2× by 1 distinct case, last quoted 2006 ·
…he evanescent nature of the evidence in dwi cases requires that the accused be given a limited amount of time in which to contact counsel.
at p. 835
⚠ not in text
cited 2× by 2 distinct cases ·
…n individual has the right, upon request, 29 to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing.
at p. 835
⚠ not in text
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
State of Minnesota v. Jayshawn Jarmell Jones
we have been required to decide a difficult question in a specific situation and have done so. . . . it is unnecessary to speculate or decide issues not before us.
discussed
Cited as authority (verbatim quote)
State of Iowa v. Matthew Robert Sewell
n individual has the right, upon request, 29 to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing.
discussed
Cited as authority (verbatim quote)
State of Iowa v. Matthew Robert Sewell
n individual has the right, upon request, 29 to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing.
examined
Cited as authority (verbatim quote)
State v. Schmidt
(4×)
also: Cited as authority (rule)
he evanescent nature of the evidence in dwi cases requires that the accused be given a limited amount of time in which to contact counsel.
discussed
Cited as authority (verbatim quote)
State v. Kouba
minnesota has a long tradition of assuring the right to counsel.
cited
Cited as authority (rule)
Russel Edward Straub, Jr. v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
examined
Cited as authority (rule)
In the Matter of the Welfare of the Child of: F. F. N. M., Parent
(3×)
Safety, 473 N.W.2d 828, 833 (Minn. 1991) (stating that the constitutional right to counsel does not attach in a criminal case until the prosecution reaches a “critical stage”).
discussed
Cited as authority (rule)
State v. Rosenbush
(2×)
Id. at 833 . 3 To *96 reach this conclusion, we discussed the unique situation created by the implied-consent statute, id. at 832 , and our concern that drivers in this situation needed "aid in coping with legal problems or assistance in meeting [their] adversary," id. at 833 (citation omitted) (internal quotation marks omitted).
cited
Cited as authority (rule)
State of Minnesota v. Chad Thomas Karnowski
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (quotation omitted).
cited
Cited as authority (rule)
Raymond Scott Henry v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (citing Minn. Const. art.
cited
Cited as authority (rule)
Commonwealth v. Neary-French
Safety, 473 N.W.2d 828, 832 (Minn. 1991); State v. Spencer, 305 Or. 59, 74-75 (1988).
discussed
Cited as authority (rule)
Commonwealth v. Neary-French
(2×)
Safety, 473 N.W.2d 828, 832-833, 837 (Minn. 1991), the Supreme Court of Minnesota held that under art.
cited
Cited as authority (rule)
State of Minnesota v. N. D. S.
Safety, 473 N.W.2d 828, 843-46 (Minn. 1991) (Coyne, J., dissenting).
examined
Cited as authority (rule)
State of Iowa v. John Arthur Senn Jr.
(4×)
The Minnesota Supreme Court confronted the issue of the right to counsel under the Minnesota Constitution in the context of a request for a chemical test in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828, 829 (Minn. 1991).
discussed
Cited as authority (rule)
State of Iowa v. John Arthur Senn Jr.
The Minnesota Supreme Court confronted the issue of the right to counsel under the Minnesota Constitution in the context of a request for a chemical test in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828, 829 (Minn. 1991).
discussed
Cited as authority (rule)
Amended September 21, 2016 State of Iowa v. John Arthur Senn Jr.
The Minnesota Supreme Court confronted the issue of the right to counsel under the Minnesota Constitution in the context of a request for a chemical test in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828, 829 (Minn. 1991).
cited
Cited as authority (rule)
State of Minnesota v. Grant Jason Bresnahan
Safety, 473 N.W.2d 828, 832 (Minn. 1991).
cited
Cited as authority (rule)
State of Minnesota v. Elizabeth Ellen Hartneck
Safety, 473 N.W.2d 828, 833 (Minn. 1991).
discussed
Cited as authority (rule)
State of Minnesota v. Derrick Jacqueay Roberson
(2×)
also: Cited "see"
Safety, 473 N.W.2d 828, 832 (Minn. 1991).
cited
Cited as authority (rule)
Bridget Colleen Johnson v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
discussed
Cited as authority (rule)
Jason Richard Montonye v. Commissioner of Public Safety
Safety, the supreme court reversed a license revocation because the driver’s limited right to counsel “before deciding whether to submit to chemical testing” was violated. 473 N.W.2d 828, 835, 837 (Minn. 1991).
cited
Cited as authority (rule)
State of Minnesota v. Jeffrey Travis Elledge
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (quotation omitted).
discussed
Cited as authority (rule)
Jack Kenneth Pence v. Commissioner of Public Safety
(2×)
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (citing Minn. Const. art.
examined
Cited as authority (rule)
Ryan John Nordell v. Commissioner of Public Safety
(3×)
also: Cited "see"
Safety held that 8 Article I, section 6 guarantees DWI arrestees a “limited right to counsel within a reasonable time before submitting to testing.” 473 N.W.2d 828, 835 (Minn. 1991).
cited
Cited as authority (rule)
Hunter Daniel Hanlon v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (citing Minn. Const. art.
cited
Cited as authority (rule)
State of Minnesota v. Zachary Michael McGowan
Safety, 473 N.W.2d 828, 835 (Minn. 1991); see also Minn. Stat. § 169A.51, subd. 2 (2014) (stating that a person must be informed of the right to consult with an attorney).
discussed
Cited as authority (rule)
State of Minnesota v. Paul Vang
Safety, 473 N.W.2d 828, 837 (Minn. 1991), 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.
cited
Cited as authority (rule)
Chad William Mosher v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
cited
Cited as authority (rule)
Peter Alan Krech v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (citing Minn. Const. art.
discussed
Cited as authority (rule)
State of Minnesota v. David Ford McMurray
(2×)
For example, in Friedman v. Commissioner of Public Safety, this court observed that “Minnesota has a long tradition of assuring the right to counsel.” 473 N.W.2d 828, 831 (Minn. 1991).
discussed
Cited as authority (rule)
State of Minnesota v. Paul Richard Dehn
(2×)
also: Cited "see"
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
cited
Cited as authority (rule)
State of Minnesota v. Joseph John Wasche, III
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
discussed
Cited as authority (rule)
State of Minnesota v. Ronald Earle Menzie
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (“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.
cited
Cited as authority (rule)
State of Minnesota v. Amanda Sue Thorne
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
discussed
Cited as authority (rule)
State of Minnesota v. Carmilla J. Thibodeau-Schoeszler
Safety, 473 N.W.2d 828, 833 (Minn. 1991), 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 supreme court reasoned that the consequences of a driver’s decision depended on the choice made and that a driver could be confused about this.
cited
Cited as authority (rule)
Stephanie Ann Keim v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
cited
Cited as authority (rule)
State of Minnesota v. Ashley Elizabeth Williams
Safety, 473 N.W.2d 828, 835 (Minn. 1991).
cited
Cited as authority (rule)
Jack Eugene Christiansen v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn. 1991) (applying Minn. Const. art.
examined
Cited as authority (rule)
Axelberg v. Commissioner of Public Safety
(3×)
Safety, 473 N.W.2d 828, 832 (Minn.1991); Prideaux v. State.
cited
Cited as authority (rule)
Axelberg v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 832 (Minn.1991) (quotation omitted), courts have more recently held that an implied-consent proceeding is unequivocally civil in nature.
discussed
Cited as authority (rule)
State v. Maddox
Safety, 473 N.W.2d 828, 833 (Minn.1991) (quoting Powell v. Alabama, 287 U.S. 45, 69 , 53 S.Ct. 55, 64 , 77 L.Ed. 158 (1932), noting that purpose of right to counsel is to protect persons lacking skill and knowledge to defend self); Moreover, even though Maddox now has the benefit of assistance of counsel on appeal, the meaningfulness of his appeal is limited by the scope of this court’s review, which is limited in part by the issues raised in the district court at the restitution hearing.
examined
Cited as authority (rule)
Nelson v. Commissioner of Public Safety
(3×)
also: Cited "see", Cited "see, e.g."
Safety, 473 N.W.2d 828, 835 (Minn.1991).
discussed
Cited as authority (rule)
Morris v. State
In support of this conclusion we analogized a first review by postconviction proceeding to direct appeals, see id. at 94 ; to the decision to submit to chemical testing (which we note is implicated in DWI proceedings, which include felony, gross misdemeanor, and misdemeanor offenses), see id. at 97 (citing Friedman v. Comm’r of Public Safety, 473 N.W.2d 828, 833, 836 (Minn.1991)); see also Minn.Stat. § 169A.20, subd. 3 (2008); and to an accused’s request for counsel during a police interrogation, see 711 N.W.2d. at 97 -98 (citing State v. Risk, 598 N.W.2d 642, 648-49 (Minn.1999)).
cited
Cited as authority (rule)
Mell v. Commissioner of Public Safety
Safety, 473 N.W.2d 828, 835 (Minn.1991).
cited
Cited as authority (rule)
State v. Loeffel
Safety, 473 N.W.2d 828, 835 (Minn.1991) (allowing a limited right to counsel before a defendant is asked to submit to chemical testing).
cited
Cited as authority (rule)
David W. Sherbrooke v. City of Pelican
Cf. Friedman v. Comm’r of Public Safety, 473 N.W.2d 828, 835 (Minn. 1991).1 The City’s appeal is inextricably intertwined with the appeal of the police officers.
Retrieving the full opinion text from the archive…
STATE of Minnesota, Appellant,
v.
Peggy Ann BARSNESS, Respondent
v.
Peggy Ann BARSNESS, Respondent
C2-89-1534.
Supreme Court of Minnesota.
Mar 12, 1990.
Cited by 2 opinions | Published
ORDER
WHEREAS, the trial court ruled that evidence of the defendant’s IQ is admissible with respect to determining intent as a fact issue;
WHEREAS, the court of appeals reversed the trial court’s ruling;
WHEREAS, in a pretrial appeal in a criminal case the trial court's determination will be reversed only if the state demonstrates both that the trial court erred in its judgment and, that unless reversed, the error will have a critical impact on the outcome of the trial. State v. Joon Kyu Kim, 398 N.W.2d 544 (Minn.1987); and
WHEREAS, this court finds that the appellant has not established that the trial court’s order will have a critical impact on the outcome of the trial;
IT IS HEREBY ORDERED that the decision of the court of appeals be, and the same is, reversed and the matter is remanded for immediate trial.