Most everyone, lawyers and laypersons, are familiar with the affirmative defense of self-defense. The defendant is required to submit enough evidence regarding the defense to justify a judge instructing the jury on the elements of self-defense. When a person...
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Minneapolis Criminal Defense Law Blog
Felon in Possession
In response to what she described in a recent press release as an extraordinary spike in gun violence and violent crime across the Twin Cities, United States Attorney for the District of Minnesota, Erica MacDonald, is forming a multi-agency Violent Crime Task Force....
“IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL HAVE THE RIGHT…TO BE CONFRONTED WITH THE WITNESS AGAINST HIM.” Sixth Amendment, United States Constitution
Justice Scalia reinforced an accused’s right to confront his accuser in the landmark case of Crawford v. Washington, 541 U.S. 36 2004. Prior to the Crawford decision, the Courts would allow a witness to testify to hearsay if it had a sufficient indicia of reliability....
Minnesota criminal defense attorney Matthew Mankey has three decades of experience in representing people facing charges of domestic assault.
A common question hears is "What if my significant other wants to drop the domestic assault charges against me?"Once the police get involved and charges are filed for domestic assault, what was once a private has now morphed into the State...
UNLAWFUL SEARCHES: INVALID SEARCH WARRANTS CAN RESULT IN CRIMINAL CASE DISMISSALS
Many prosecutions of criminal cases involving drug offenses begin with the execution of a search warrant. It is essential that the warrant affidavit -- the document a law enforcement officer presents to a judge to justify the issuance of a warrant -- be scrutinized...
Alleged Sex Crimes Involving Children: Children’s Statements in Videotaped Forensic Interviews
Sex crimes involving alleged child victims present unique challenges on many issues, but particularly the admissibility of the alleged victim's statements alleging abuse.It is imperative that a defense lawyer understand the rules, exceptions, and exceptions to the...
Dog Sniff at Apartment Door only Requires Reasonable Suspicion
Recently was retained to defend a client charged with two counts of felony threats of violence. It was alleged that the client threatened neighbors with a gun over a dispute involving the neighbors pit bulls. The client had a clean...
Probable cause no longer the standard for canine searches
Recently received a favorable ruling from the Minnesota Court of Appeals in the unpublished case of State of Minnesota v. Cabbott James Weyker, No. A18-0786. The Office of the State Public Defender requested that [nap_names...
Availability in labor opening up opportunities for those with criminal past
The Minneapolis Star Tribune recently published an article in which it reports that the shortage of available labor is opening up employment opportunities for people who have served time in prison. This is good news not only for the former convicts but also for...
Minnesota Supreme Court expands the prohibition of carrying a pistol while intoxicated
The Minnesota Supreme Court this week greatly expanded the prohibition of carrying a pistol while intoxicated. Mr. Prigge was stopped in a motor vehicle for suspicion of driving while under the influence. A search of the vehicle revealed that there was a handgun in...