Johnson v. State

GILDEA, Chief Justice.

In this case we are asked to determine whether the Supreme Court's decision in Birchfield v. North Dakota , 579 U.S. ----, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), and our decisions in State v. Trahan , 886 N.W.2d 216 (Minn. 2016), and State v. Thompson , 886 N.W.2d 224 (Minn. 2016), announced a new rule of constitutional law that applies retroactively to cases on collateral review. The district courts and the court of appeals concluded that the rule was procedural and not retroactive. Because we conclude that the rule is substantive and retroactive, we reverse.

FACTS

This…