Monday, April 29, 2013

No Published Criminal Opinions Today; Court Does Say that Implied Consent Litigants Are Not Entitled to Court Appointed Attorneys.

Thole v. Commissioner of Public Safety, Minn.Ct.App., 4/29/13.  In an opinion that one supposes pleases at least the legislature, the private defense bar, and  perhaps – although perhaps not - public defender bean counters, the court of appeals rejects Mr. Thole’s arguments that for a variety of reasons he is entitled to court appointed counsel to litigate his implied consent challenge.  The court does leave the door ever so slightly ajar by pointing out that the supreme court could bestow this right upon Mr. Thole under its supervisory powers, but not them.

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