right to counsel clause (Minnesota) · Go Syfert
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right to counsel clause in Minnesota

12 Minnesota opinions name it 2 courts 1991–2018 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State v. Barsnessgreen
minn · 1990 · cited in 8 Minnesota opinions naming this issue, 1992–2014
2 sentences

2006Safety, 473 N.W.2d 828, 835 (Minn.1991), that “under the right-to-counsel clause in article I, section 6 of the Minnesota Constitution, an individual has the right, upon request, to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing.” Under Minn.Stat. § 169A.51, subd. 2(4), an implied-consent advisory must inform a person who is asked to submit to a chemical test that the person has the right to consult with an attorney, and respondent does not contend that his right to counsel was not vindicated.

2006Safety, 473 N.W.2d 828, 835 (Minn.1991), that "under the right-to-counsel clause in *119 article I, section 6 of the Minnesota Constitution, an individual has the right, upon request, to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing." Under Minn.Stat. § 169A.51, subd. 2(4), an implied-consent advisory must inform a person who is asked to submit to a chemical test that the person has the right to consult with an attorney, and respondent does not contend that his right to counsel was not vindicated.

58
State v. Scottgreen
minnctapp · 1991 · cited in 1 Minnesota opinions naming this issue, 2017–2017
1 sentence

2017Compare Friedman, 473 N.W.2d at 835 (concluding that, in implied-consent case where police gave implied-consent advisory, individual had limited right to consult with attorney before submitting to chemical testing), and State v. Karau, 496 N.W.2d 416, 418-19 (Minn. App. 1993) (concluding that, in criminal DWI case where police read implied-consent advisory, individual had limited right to consult with attorney before submitting to chemical testing), with Nielsen, 530 N.W.2d at 215 (concluding that, in criminal DWI case where police did not read implied-consent advisory, individual did not have

11
State v. Nielsengreen
minnctapp · 1995 · cited in 1 Minnesota opinions naming this issue, 2017–2017
1 sentence

2017Compare Friedman, 473 N.W.2d at 835 (concluding that, in implied-consent case where police gave implied-consent advisory, individual had limited right to consult with attorney before submitting to chemical testing), and State v. Karau, 496 N.W.2d 416, 418-19 (Minn. App. 1993) (concluding that, in criminal DWI case where police read implied-consent advisory, individual had limited right to consult with attorney before submitting to chemical testing), with Nielsen, 530 N.W.2d at 215 (concluding that, in criminal DWI case where police did not read implied-consent advisory, individual did not have

11
State v. Karaugreen
minnctapp · 1993 · cited in 1 Minnesota opinions naming this issue, 2017–2017
1 sentence

2017Compare Friedman, 473 N.W.2d at 835 (concluding that, in implied-consent case where police gave implied-consent advisory, individual had limited right to consult with attorney before submitting to chemical testing), and State v. Karau, 496 N.W.2d 416, 418-19 (Minn. App. 1993) (concluding that, in criminal DWI case where police read implied-consent advisory, individual had limited right to consult with attorney before submitting to chemical testing), with Nielsen, 530 N.W.2d at 215 (concluding that, in criminal DWI case where police did not read implied-consent advisory, individual did not have

11
Kuhn v. Commissioner of Public Safetygreen
minnctapp · 1992 · cited in 1 Minnesota opinions naming this issue, 2010–2010
1 sentence

2010Safety, 488 N.W.2d 838, 840 (Minn.App.1992), review denied (Minn. Oct. 20, 1992). “[Ujnder the right-to-counsel clause in article I, section 6 of the Minnesota Constitution, an individual has the right, upon request, to a reasonable oppor *574 tunity to obtain legal advice before deciding whether to submit to chemical testing.” Friedman v. Commissioner of Pub.

11
Prideaux v. State Dept. of Public Safetygreen
minn · 1976 · cited in 1 Minnesota opinions naming this issue, 1992–1992
2 sentences

1992Safety, 310 Minn. 405 , 247 N.W.2d 385, 394 (1976).

1992Safety, 310 Minn. 405 , 247 N.W.2d 385, 394 (1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Hunn neutral
minnctapp · 2017
1 sentence

2018Id. at 546 .

12018–2018
State v. White green
minn · 1993
2 sentences

2006Thus, in State v. White we held that police are not obligated to provide pretest counsel to indigents at the state’s expense. 504 N.W.2d at 214 .

2006Thus, in State v. White we held that police are not obligated to provide pretest counsel to indigents at the state's expense. 504 N.W.2d at 214 .

12006–2006
McDonnell v. Commissioner of Public Safety green
minn · 1991
1 sentence

1991DECISION In Friedman, 473 N.W.2d at 835 , the Minnesota Supreme Court held that “under the right-to-counsel clause in article I, section 6 of the Minnesota Constitution, an individual has the right, upon request, to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing.” In McDonnell, 473 N.W.2d at 853 , the court limited the retroactive application of Friedman , based on *542 the reasonable reliance of law enforcement officers on prior decisions and the enormous burden on the administration of justice which would otherwise result.

11991–1991

Statutes the citing opinions construe

MN § Minn. Stat. § 169A.51 (7) MN § Minn. Stat. § 169A.20 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 54 (1967–2026) OR 17 (1986–2016) TX 13 (1968–2023) MN 12 (1991–2018) MD 7 (1967–1991) FL 6 (1970–2017) CT 6 (1985–2017) IA 5 (1984–2020) LA 5 (1991–2006) GA 5 (1966–2023) WA 5 (1970–2011) CA 5 (1971–2024) OH 5 (1975–2020) PA 4 (1972–2023) NJ 4 (1996–2022) ME 3 (1970–2004) AZ 3 (1971–2021) CO 2 (1983–2004) IL 2 (1973–1986) RI 2 (2002–2008) TN 2 (1986–2006) KS 2 (2008–2024) NV 2 (1965–2000) IN 2 (1970–1987) NC 2 (2022–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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