Criminal Law

Posts about Criminal Law by Minnesota State Bar Association Board Certified Criminal Law Specialist, Criminal Defense Attorney John L. Fossum

Fossum Named a “Top 100 Trial Lawyer.”

Attorney John L. Fossum

  Attorney John L. Fossum, of the Fossum Law Office, LLC has been named a Top 100 Trial Lawyer by the National Trial Lawyers. According to their website: The National Trial Lawyers: Top 100 an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications as civil…

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International Criminal Law CLE Planned

John L. Fossum is scheduled to speak at a CLE on International Criminal Law, planned for May 3, 2013 in Minneapolis. Mr. Fossum will be speaking on the history of International Criminal Law and Ethics Issues in Defense in International Criminal Law.  He is admitted to practice before four international criminal tribunals and an MSBA…

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Torture Creates Right to Sue, But Not in the United States

Torture Creates Right to Sue, But Not in the United States

The lat few weeks have brought some news about torture, and the law surrounding it.  The United Nations Convention Against Torture defines torture, bans the use of torture, prohibits member states from transferring persons to states where they would be subjected to torture, requires member states to punish torture in criminal courts and requires them…

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NACDL Launches New Database of Rights Restoration

Certified Criminal Law Specialist John L. Fossum

The National Association of Criminal Defense Lawyers has published a new database that helps determine what rights have been lost by a felony conviction, and if, and how they maybe restored. The database helps answer the most persistent questions asked by those who have been convicted of crimes.  For example, the entry related to Minnesota…

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Federal Court Finds Pay As You Go Phones Not Entitled to Privacy

Certified Criminal Law Specialist John L. Fossum

The Sixth Circuit U.S. Court of Appeals this week found in United States v. Skinner that people are not entitled to an expectation of privacy in the GPS data from pay as you go cell phones.   The Defendant, Skinner, objected claiming that he had an expectation of privacy in the phone and the government’s tracking…

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Fossum Named a Certified Criminal Law Specialist by the Minnesota State Bar Association

Certified Criminal Law Specialist John L. Fossum

Attorney John L. Fossum, of the Fossum Law Office, LLC was named as  Certified Criminal Law Specialist by the Minnesota State Bar Association.   According the announcement from the MSBA: The certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and…

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Minnesota Court of Appeals Allows Silence as Evidence of Guilt

This week the Minnesota Court of Appeals took the Borg case, allowing the use of pre-arrest, pre-Miranda, and pre-counsel silence as evidence against an accused one step further, and decided that it was ok for the government to use a defendant’s post arrest silence as evidence of guilt. The case, State v. Johnson, rests on…

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An Earlier Argument on the Right to Remain Silent

Cromwell: Now, Sir Thomas, you stand on your silence. Sir Thomas More: I do. Cromwell: But, gentlemen of the jury, there are many kinds of silence. Consider first the silence of a man who is dead. Let us suppose we go into the room where he is laid out, and we listen: what do we…

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Minnesota Supreme Court Carves Huge Hole in the Right to Remain Silent

The Minnesota Supreme Court today issued a decision creating an odd new hole in the right to remain silent.  Most Americans know through movies, TV dramas and Congressional hearings, that a suspect has a right to remain silent.  The Fifth Amendment to the U.S. Constitution says that no person “shall be compelled in any criminal…

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Minnesota Supreme Court Rules on Randolph Case

The Minnesota Supreme  Court this week issued its decision in the case of Walter Jamille Randolph, a case which arose in Rice County.  John L. Fossum co-authored an Amicus Curiae brief in the case along with two other former chairs of the Criminal Law Section of the Minnesota State Bar Association. Walter Randolph was appointed…

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