Here is a smack in the face of all attorneys and defendants objecting to the DANCO orders being issued at bail hearings. Not a big surprise for most of us that work on Domestic Abuse cases, but it was an issue that had to be raised and a chance that needed to be taken.
A12-0290 State of Minnesota, Appellant, vs. Bryan Paul Ness, Respondent.
A12-0291 Clay County District Court,
I. A defendant's challenge to the issuance of a pretrial domestic-abuse no-contact order pursuant to Minn. Stat. § 629.75, subd. 1(b) (2010), in a subsequent prosecution for violating the order is not an impermissible collateral attack because there is no right to appeal the order.
II. Minnesota Statute Section 629.75 (2010) is not facially unconstitutional and does not violate the Due Process Clause of the United States or Minnesota State Constitutions.
Affirmed in part, reversed in part, and remanded
By: Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533
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