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Ascheman Law Criminal Defense Blog

Case Blog: Bailey v. United States

Here is another U.S. Supreme Court opinion, discussing the limits on detention when executing a search warrant.  Yeah, you can detain someone when executing a search warrant.  But you can't go get them and detain them. Bailey v. United States, (6-3 Opinion...

Burden of Defense

Recent opinion by the Supreme Court this week. Smith v. United States (9-0, Opinion by Justice Scalia, on January 9, 2013)  Summary: Justice Scalia, delivering the unanimous opinion of the Court, affirmed the decision of the U.S. Court of Appeals for...

Basis for Expungement

First off, I would like to say congratulations to our client for a successful expungement of her one and only criminal conviction.  This expungement was necessary for her to obtain meaningful work, adequate housing, and personal safety. Our client was...

Case Blog: Expungement – win?

This is one of those situations where the actual ruling sounds fantastic, but the order smacks you in the face.  Luckily, (I think) the hidden slap to the face is limited to a foot note.  We are still waiting to see if the Supreme Court will actually rule on...

Double-Jeopardy – Sufficiency of the Evidence

Issues of double-jeopardy today.  It's important to note, just getting your conviction reversed doesn't always prevent them from charging you again. A11-1379        State of Minnesota, Respondent, vs. Juan Humberto Castillo-Alvarez, Appellant...

Life Sentence – Minimum Term

A11-1734        State of Minnesota, Respondent, vs. Eugene Lee Rushton, Appellant. Clay County District Court, Hon. Lisa N. Borgen. When imposing a life sentence pursuant to Minn. Stat. § 609.3455, subd. 4 (2010), a district court departs from the...

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