27

Yes The normal remedy for not receiving a fair trial or due process is the declaration of a mistrial. A mistrial legally never happened so it is up to the prosecution to decide if they want a retrial. Unless the appellant can demonstrate that no reasonable jury would have convicted on the evidence (which seems unlikely verging on impossible), the appeal will ...


26

Yes, the Ohio case of neurosurgeon Sam Sheppard seems to make clear a retrial was permitted under similar circumstances. The appeal eventually made it to the U.S. Supreme Court as Sheppard v. Maxwell, 384 U.S. 333 (1966), which reversed and remanded the conviction. The state of Ohio retried Sheppard; however, in the second trial, the state failed to ...


25

Sentences will be imposed for all three crimes (in eight weeks following preparation of a pre-sentence report, briefing and a sentencing hearing), but because they arise out of the same incident, will be served concurrently. Thus, one year in prison counts against the up to 40 years on the first count, the up to 25 years on the second count, and the up to 10 ...


10

Chauvin is being charged under Minn. Stat. § 289A.63, which makes filing a false return a felony. Criminal sentencing in Minnesota is generally done using a standard set of sentencing guidelines, which sort of set a presumptive sentence based on the severity of the offense and the defendant's criminal history. Filing a false return is currently classified at ...


9

Assuming you mean methamphetamine, then the answer is no. It is illegal to drive with any amount of methamphetamine in one's body. The main Minnesota law on driving while impaired (DWI) is Section 169A.20 subdivision 1: It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision ...


9

she immediately stated that I need to provide 60 days notice She is wrong. See Minnesota statute 504B.135(a). Absent any agreement that supersedes the statute, the landlord cannot unilaterally stretch the notice period to 60 days. Is it legal for a landlord to say my rent is due 5 days earlier than we had verbally agreed? Is it legal for a landlord to ...


5

Ne/non bis idem doesn't apply in this case. Non bis idem covers multiple bases, but here's the basic ideas: You cannot, if found not guilty, be retried for the same crime, no matter the circumstances. This is the equivalent of double jeopardy. You cannot be punished twice for the same crime in the same respect. For example, if you murder someone, and you ...


5

They ask for one Everyone has the right to legal representation. If you qualify for legal aid, the government will provide it, if you don’t, you pay for it.


5

These charges aren't the same offense. They are three different offenses, all of which arise from the same conduct. Imagine throwing a grenade in a building because you saw a police officer about to discover evidence connecting you to a crime. I think most people would agree that there's no reason you could not be charged with murder, arson, and tampering ...


4

Federal Civil Rights Liability Qualified immunity is a doctrine that applies to lawsuits under 42 U.S.C. § 1983 seeking compensation for an intentional violation of constitutional rights under color of state law. The qualified immunity inquiry is not reached in the first place if the prima facie case is not established because the conduct allegedly violating ...


3

In this case the individual was already in jail and represented by counsel, ostensibly for that charge.


2

(Lots of digging) https://www.revisor.mn.gov/statutes/cite/609.341 The above is a series of definitions for the purposes of criminal statues. Way down (noting that the page notes that this section was amended in 2021, so almost certainly in response to this case, given the amount of attention it has received), as subdivision 22, we have the definition: Subd....


2

what would be a logical (to a judge) judgement? Simply the amount of rental fees + my earnest money? This depends on when consignment ended. If the equipment was still on consignment at the time the dealership received the earnest money (or perhaps even when you two entered the contract, if earlier), the dealership's allegation of "supply difficulty&...


2

Your question seems to be whether the prohibition against double jeopardy precludes a second trial when a conviction from the first is set aside. The overwhelming case law is "no". Since the verdict is set aside, the defendant is considered to not have been in jeopardy. A prosecution failing because the trier of facts (jury or, in a bench trial, ...


2

tl;dr: In general, for trailers, the laws I could find seem primarily concerned with the total length and width, rather than overhang. I believe you're looking for Minnesota Statutes sections 169.80 SIZE, WEIGHT, LOAD and 169.81 HEIGHT AND LENGTH LIMITATIONS. There is also a section (169.82) on trailer equipment, but that doesn't seem to have anything about ...


2

Simply signing an agreement like this does not mean it's valid. There are way too many facts unknown at this point to determine what a court might do. OP, what you've provided does not tell us about your non-compete agreement. Are you barred from opening the same business within a certain radius? Are you barred from using any intellectual property - even ...


2

As a general principle (not specifically in Minnesota), I would not expect city inspections to be involved here. This is a straightforward contract dispute. You are paying money, and the landlord is failing to honour their side of the contract by maintaining the lawn. The normal way to resolve contract disputes is first by negotiation and if that fails, ...


1

Any ideas for prenup clauses to discourage fighting at a future divorce? To make this answer self-contained, allow me to restate my comment (especially since it is uncomfortable to some who might seek to have it removed): Don't get entangled with lawyer issues in your prenup. They will find a way to overcome it, drag your court proceedings anyway, and ...


1

Your landlord is free to demand rent on the 1st as part of a leasing agreement. However, your current lease agreement says that rent is due on the 6th. So your landlord would have to terminate the current agreement, and then present the new terms to you, which you would be free to reject (at the cost of no longer leasing the property, of course). 504B.135 ...


1

What laws do I break if I dismantle it? That is an interesting question. As far as I can see, legally the scooter would be considered lost property. The owner (the company Bird Rides, Inc) presumably did not put it there (some user did), and they still want it back (so it is not abandoned property). Exact rules vary, but usually you must make a reasonable ...


1

It would not be trespassing until you told him to get off your property and he refused to leave. In general, none of these facts obviously give rise to any criminal or civil offenses. It is not generally improper to come to someone's house and discuss something that you are unhappy about with them. If one engaged in conduct related to the manner in which ...


Only top voted, non community-wiki answers of a minimum length are eligible