Legal Opinion

State v. Ness

Court of Appeals of Minnesota

Decided August 20, 2012No. Nos. A12-0290, A12-0291PublishedCited by 8 opinions

1Opinion of the Court

OPINION

CONNOLLY, Judge.

In these consolidated appeals by the state, challenging the dismissal of charges of violating domestic-abuse no-contact orders (DANCOs) in two separate district court files, the state argues (1) the district court erred in allowing respondent to collaterally attack the DANCOs after he failed to appeal the issuance of the DAN-COs; and (2) the district court erred in finding that Minn.Stat. § 629.75 is facially unconstitutional and in dismissing the felony charges of violating the DANCOs on due-process grounds. Because there is no right to appeal the issuance of a…

2Cases cited24 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Armstrong v. ManzoSupreme Court of the United States · 1965
  5. Bell v. BursonSupreme Court of the United States · 1971

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3Cited by8 opinions

  1. State v. NessSupreme Court of Minnesota · 2013
  2. State v. PhippsCourt of Appeals of Minnesota · 2012
  3. Fiduciary Foundation, LLC v. BrownCourt of Appeals of Minnesota · 2013
  4. Francisco Vincent Vargas v. State of MinnesotaCourt of Appeals of Minnesota · 2015
  5. Jose Manuel Flores v. State of MinnesotaCourt of Appeals of Minnesota · 2015

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