Saturday, July 2, 2011

Grants of Petitions For Further Review

State v. Smith, Minn.Ct.App., 4/5/2011, Unpublished (A10-0916). Petition For Further Review granted, 6/28/2011.

Here’s the intro from the Court of Appeals:

Appellant Brandon Ryan Smith challenges his convictions of gross-misdemeanor possession of a pistol without a permit in a motor vehicle and misdemeanor transportation of a firearm in a motor vehicle, arguing that the district court erred by admitting the firearm because investigative questioning during the traffic stop expanded the scope of the stop and was not supported by independent reasonable, articulable suspicion. Because the officer’s questioning did not expand the scope of the stop, we affirm appellant’s convictions. Appellant also challenges the sentence for the misdemeanor conviction, arguing that both convictions are based on the same behavioral incident. Because both convictions arise from the same behavioral incident, we vacate the sentence for the illegal-transportation conviction.

The source code saga continues.

In Re: Source Code Evidentiary Hearings in Implied Consent Matters.

In Re: Source Code Evidentiary Hearings in Criminal Matters.

Petitions for accelerated review are granted, 6/28/2011 (A11-560).

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