· 4/10/2024
Brian Matthew Nash v. Commissioner of Public Safety
Syllabus
A state trooper's statements that \refusal to take a test is a crime\ complied with the advisory required by Minn. Stat. § 171.177, subd. 1 (2022). Reversed and remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “as a simple panel, we are bound by prior precedent” to adhere to the per se ban (emphasis added)
- holding that there was no good cause to raise an untimely suppression motion when the defendant could have with due diligence discovered the information necessary to raise the issue
- holding that good cause typically exists when a defendant does not know the basis for the motion until after the time for such a motion had expired
- holding that no good cause was present to raise an untimely suppression issue where the defendant could have with due diligence discovered the information necessary to raise the issue
- holding that there existed no good cause to raise an untimely suppression issue where the defendant could have with due diligence discovered the information necessary to raise the issue
- holding filing of motion in limine sufficiently preserves issue for appeal once court denies motion
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.