Trial Court’s Sua Sponte Order Vacating Plea and Conviction Improper; Implied Consent Determination Is Not “Law of the Case” in the Associated Criminal Case

State v. Miller, Minn.Ct.App., 6/30/2014.  Ms. Miller pleaded guilty to third degree driving while impaired.  She also agreed to pay “an administrative-costs fee.”  A few weeks later, over in Implied Consent Court, a different judge ruled that the cops had arrested Ms. Miller illegally, which meant that no evidence derived from that arrest could be used against her in her (already concluded) criminal case.  When the DWI judge found out about this implied consent ruling, the judge issued an order vacating Ms. Miller’s guilty plea, dismissed the case, and ordered the return to Ms. Miller of this “administrative-costs fee” money.  Clearly now on a roll, the judge then said that “law of the case” – the implied consent order - voided the plea negotiations.  To cap things off, the judge then effectively granted a never filed defense motion to suppress evidence.  The first that either Ms. Miller or the state knew about any of this was when they got the order in the mail.

As you might imagine, the state appealed.  Even Ms. Miller had to concede that in vacating Ms. Miller’s guilty plea and conviction the DWI court went about it all wrong.  For starters, a court can’t vacate a guilty plea over a defendant’s objections.  State v. Spraggins, 742 N.W.2d 1 (Minn.Ct.App. 2007).  Before the court gets there, it has to afford the parties the opportunity to weigh in on the matter, both in writing and in court. 

There must also be “substantial and compelling” reasons to vacate a guilty plea.  Spraggins, supra; Rule 15.05, Rules of Criminal Procedure.  The only reason that the DWI court stated was the implied consent ruling, calling it the “law of the case.”  The problem is, “law of the case” applies to “the case,” that is, the same case and only to issues previously decided in that same case.  Finally, there’s a statute, Minn.Stat. 169A.53, subd. 3(g), that says that determinations in an implied consent hearing do not act as an estoppel on any issues over in criminal court.

So, Ms. Miller still has her conviction and fine, at least for now.  She can, both the court and the state agree, still file a post conviction petition or otherwise seek to withdraw her plea.