7/3/13: No New Criminal Opinions Today; Review Granted in Search Warrant Case

7/3/2013:  The Court granted review in one case, State v. Yarbrough.  Here's the opening description:

The state took a pretrial appeal of an order granting Mr. Yarbrough’s motion to suppress evidence seized during the execution of a search warrant at Mr. Yarbrough’s residence.  The warrant sought both drugs and a gun.  The search warrant affidavit alleged that three days earlier Mr. Yarbrough had been involved “in a terroristic threats situation” during which he accused the victim of the threats of stealing “a large amount” of crack cocaine from him, during which he punched the victim, during which he “brandished” a .22 caliber handgun, and after which he then fled in a maroon Chevy Caprice.  The affidavit went on to say that the Caprice registered to the address sought to be searched, that police data bases established that Mr. Yarbrough lived at that address, that Mr. Yarbrough had been arrested three months earlier for possession of narcotics, and that a snitch “knew "[Mr. Yarbrough] to deal in crack cocaine.”

Supreme Court Accepts Review in State v. Lemert

The supreme court has accepted review of this court of appeals opinion, wherein the court of appeals said that the “right to frisk” can derive from the “right to stop” so long as the quantity of drugs is “large.”  Read about the court of appeals opinion here.

2/6/2013: No Published Supreme Court Criminal Opinions

However, the court did grant review in a number of cases, including these two:

State v. Wenthe, about which I wrote here.  The court of appeals reversed Mr. Wenthe's conviction.  The state sought review of that reversal and the defense sought review on the facial constitutionality (Establishment Clause) of Minn.Stat. 609.344, subd. 1(1).

State v. Juarez, review granted of an unpublished opinion of the court of appeals, available here.  The issue is the constitutionality of life without possibility of release for certain repeat sex offenders under Minn.Stat. 609.3455, subd. 2(a)(2).