Reparations Center for Victims of War CrimesThis 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…
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…
John L. Fossum of the Fossum Law Office, LLC again argued a case at the United States Court of Appeals for the Eighth Circuit. Mr. Fossum is an experienced and trial and appellate lawyer, having tried cases in state court in Minnesota, and the Federal District Court for the District of Minnesota. Today’s argument was…
The Minnesota Supreme Court today overturned the conviction of a man who was stopped in Corcoran, Minnesota for traveling 66 mph in a 55 zone and charged with driving under the influence and refusing to take a blood, breath or urine test. (DWI/DUI refusing) The court’s ruling was based on an improper jury instruction at…
The Minnesota Court of Appeals gave officers a new reason to stop motorists today. It is unlawful to drive a motor vehicle in Minnesota without displaying proper registration, the tabs with the year the plate expires in the corner. For decades, there has been a provision in the law allowing a 10 day grace period…
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