Legal Opinion

State v. Mellett

Court of Appeals of Minnesota

Decided April 30, 2002No. C4-01-1036PublishedCited by 15 opinions

1Opinion of the Court

OPINION

G. BARRY ANDERSON, Judge.

Appellant was arrested for and charged with first-degree driving while impaired (Minn.Stat. §§ 169A.20, . subd. 1(1), 169A.25, subd. 1 (2000)) and first-degree refusal to submit to chemical testing (Minn.Stat. §§ 169A.20, subd. 2, 169A.25, subd. 1 (2000)) 1 .

A jury found appellant not guilty on the driving-while-impaired (DWI) charge, but found her guilty of the refusal-to-submit charge.

Appellant argues that: (1) Minn.Stat. § 169A.20, subd. 2, is unconstitutional; (2) the district court incorrectly instructed the jury as to the refusal-to-submit charge; (3) the…

2Cases cited46 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. County of Sacramento v. LewisSupreme Court of the United States · 1998
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. South Dakota v. NevilleSupreme Court of the United States · 1983
  5. Pennsylvania v. MunizSupreme Court of the United States · 1990

41 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Jones v. CommonwealthCourt of Appeals of Virginia · 2008
  2. State v. CasillasNebraska Supreme Court · 2010
  3. Whitten v. StateCourt of Appeals of Minnesota · 2005
  4. McCormick v. StateCourt of Special Appeals of Maryland · 2013
  5. State v. BerghCourt of Appeals of Minnesota · 2004

10 more not listed; retrieve them via the Exa API.

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