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Sherburne County Criminal Law Blog

Tom Petters asks court to allow a new guilty plea

In a move similar to O.J. Simpson's request in Nevada, Tom Petters is asking a federal judge to allow him to plead guilty and serve the purported lesser sentence offered by federal prosecutors nearly four years ago. 

In a motion recently filed by new counsel, Petters ostensibly claims that there was an settlement offer proposed by the prosecution of a sentence with a 30-year cap, and that he was talked into rejecting that offer. A report by the Minneapolis Star-Tribune does not provide any specific details into what Petters reportedly knew, and his new counsel only said that the matter was "very sensitive."

Gun violence down over last two decades, studies show

The debate over gun control is arguably the most controversial and hotly contested issue in American politics today. On one side are gun rights advocates who essentially believe that any further regulation of gun sales is a direct assault on the Second Amendment. On the other side are gun control supporters who believe that the mass shootings in Aurora, Colorado and Newtown, Connecticut could have been prevented with stronger background checks.

Two studies on gun violence were recently released and ostensibly paint a very different picture than the ones painted by political parties.

Appeals court to hear Amy Sensor's appeal

In May 2012, Amy Senser was convicted of criminal vehicular homicide stemming from the fatal accident that killed Anousone Phanthavong while he was putting gas in his car near the I-94 exit ramp at Riverside Avenue in Minneapolis. 

Today, her attorney will attempt to have her conviction overturned as he argues that there was not enough evidence to show that she knew that she hit someone. He also argues that the trial court judge abused his discretion by suppressing evidence that Phanthavong had drugs in his system at the time of the accident, and that the jury may have been confused over what they may consider in reaching a verdict. 

Supreme Court rules on forced blood draw case

Our last post dealt with the increasing use of e-warrants, which help police officers obtain search warrants in much less time than traditional methods (i.e. going to the police station, faxing a warrant application to a signing judge, then waiting for an answer). We suggested that more of these warrants could be used in Minnesota, but after last week's U.S. Supreme Court ruling, it becomes more of a certainty.

The Court, in Missouri v. McNeely, ruled that the exigent circumstances claimed by the Missouri State Patrol were not sufficient enough to excuse the need for a warrant before completing the forced blood draw of a DUI suspect.

Could e-warrants be used for Minnesota DWIs?

"No refusal" strategies haven't made their way to Minnesota, but the possibility of state troopers and other law enforcement agencies using new technologies to arrest drunk drivers is very real. According to a recent USA Today report, more law enforcement agencies are relying on e-warrant applications that will essentially speed up the process of obtaining permission to take blood samples from arrestees.

The application allows officers to create a warrant petition directly on their laptop computers that can be sent to a judge who can quickly review and approve it. Some judges are specifically assigned to review search warrants (i.e. a signing judge) while others review them in between cases.

Grandma accused of hiring grandson to kill grandpa

The shooting death of a 72 year-old Chicago man has led to arrests of two unlikely people...his wife and grandson. According to authorities, 64-year-old-Janet Strickland and her grandson, 19-year-old William D. Strickland have been arrested and charged with first degree murder. Prosecutors believe that the pair conspired to kill William Strickland as he waited for a bus.

The motive, prosecutors believe, was that Mrs. Strickland and her grandson wanted to go shopping with the elder Strickland's money after his demise. They argued at a recent bail hearing that shortly after Mr. Strickland's death, neighbors saw the teen driving a new car, and had received new shoes, a cell phone, as well as new tattoos. Mrs. Strickland is being held on $500,000 bond, and the younger Strickland is being held without bond.

Man arrested in Dakota County drug bust

After announcing what is believed to be the largest heroin bust in Dakota County, authorities announced that a Brooklyn Park man has been charged with first degree possession of a controlled substance.

The charges stem from a disturbance reported at an apartment complex in Apple Valley. When police arrived, they noticed a man rummaging through a vehicle. Fearing that he may have a gun, officers ordered the man from the car and searched it. They found what was later identified as two pounds of heroin.

Drunk driving crash leads to daughter losing a finger

Drunk driving charges are serious enough. When a child is involved, the stakes become very high. Not only because the criminal charges can be enhanced, but there is also the likelihood that the state will intervene to challenge the offending parent's fitness to care for a minor child.

This may be the case for a 27-year-old Anoka woman who was recently charged with four counts of criminal vehicular operation. The charges stem from an accident in Andover where the woman was allegedly driving drunk.

Drunk driving crash leads to daughter losing a finger

Drunk driving charges are serious enough. When a child is involved, the stakes become very high. Not only because the criminal charges can be enhanced, but there is also the likelihood that the state will intervene to challenge the offending parent's fitness to care for a minor child.

This may be the case for a 27-year-old Anoka woman who was recently charged with four counts of criminal vehicular operation. The charges stem from an accident in Andover where the woman was allegedly driving drunk.

Bobby Brown begins to serve time for DUI

Bobby Brown, the R & B singer best known for hit songs in the late 80's and 1990's turned himself into authorities as part of a plea deal reached on a DUI charge in Los Angeles. Brown was arrested twice in 2012 for drunk driving.

The first arrest came in March, nearly a month after his ex-wife of 15 years, Whitney Houston was found dead in a Beverly Hills hotel. Houston's death shocked the music industry as well as her family, and probably led to his depression (and more drinking). His second arrest came in October. Authorities initially stopped him for a cell phone violation, but found that he was under the influence after administering field sobriety tests.

As such, Brown pleaded guilty to misdemeanor DUI and driving with a suspended license stemming from the March DUI charge.

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