State v. Fussy

WAHL, Justice.

The State of Minnesota appeals a decision by the court of appeals which reverses the gross misdemeanor DWI conviction of defendant Curt Clarence Fussy. The court of appeals held that defendant, by his pretrial motion and accompanying affidavits, properly challenged the validity of his prior misdemeanor DWI conviction and thereby put the state to its burden of proving that the prior conviction was not obtained in violation of defendant’s right to counsel. The court of appeals held further that because the state could not meet that burden, the conviction could not be used to…