Legal Opinion

State v. Mireles

Court of Appeals of Minnesota

Decided November 21, 2000No. C3-00-742PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WILLIS, J.

Defendant Jose Míreles was arrested for his alleged involvement in a drive-by shooting. The state moved to introduce expert-opinion testimony that Míreles is a member of a criminal gang. Míreles moved to exclude that testimony and challenged the constitutionality of Minn.Stat. § 609.229 (1998), proscribing the commission of a crime “for the benefit of a gang.” The district court upheld the constitutionality of section 609.229 but excluded expert-opinion testimony about whether Mí-reles is a gang member. The district court certified as important and doubtful the questions of…

2Cases cited13 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Kolender v. LawsonSupreme Court of the United States · 1983
  3. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  4. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969
  5. Madsen v. Women's Health Center, Inc.Supreme Court of the United States · 1994

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3Cited by7 opinions

  1. Dunham v. RoerCourt of Appeals of Minnesota · 2006
  2. Taylor v. StateSupreme Court of Delaware · 2013
  3. In Re Welfare of C.T.L.Court of Appeals of Minnesota · 2006
  4. State of Minnesota v. Final Exit Network, Inc.Court of Appeals of Minnesota · 2016
  5. State v. JacobsonCourt of Appeals of Minnesota · 2004

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

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