Legal Opinion

State v. McElroy

Court of Appeals of Minnesota

Decided April 8, 2013No. A12-0921PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WORKE, Judge.

Appellant challenges his conviction for violating a Minneapolis sound-amplification ordinance, arguing that (1) the ordinance is unconstitutionally vague and overbroad; (2) the state failed to prove the element of amplification beyond a reasonable doubt; and (3) the district court erred by instructing the jury that it must reach a verdict. We affirm.

FACTS

Appellant Marlin Ashanti McElroy was charged with violating the Minneapolis ordinance that restricts the volume of amplified sounds from vehicles and disorderly conduct. See Minneapolis, Minn., Code of Ordinances (MCO) §…

2Cases cited22 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Saia v. New YorkSupreme Court of the United States · 1948
  5. State v. GrillerSupreme Court of Minnesota · 1998

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3Cited by2 opinions

  1. Guy Dell Sudduth v. State of IowaCourt of Appeals of Iowa · 2026
  2. Mohamed Shaaban Sultan, Relator v. City of St. PaulCourt of Appeals of Minnesota · 2024

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