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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Bringing Home the Supply Chain | SAMUEL ESTREICHER, JONATHAN F. HARRIS | | NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically. | Read More | Unconstitutional Chaos: Abortion in the Time of COVID-19 | JOANNA L. GROSSMAN, MARY ZIEGLER | | SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights. | Read More |
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Minnesota Supreme Court Opinions | State v. Anderson | Docket: A18-1491 Opinion Date: April 15, 2020 Judge: McKeig Areas of Law: Criminal Law | The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's conviction of second-degree driving while impaired, holding that the State properly used Defendant's license revocation as an aggravating factor to enhance his charge of driving while impaired. Defendant was charged with second-degree driving while impaired for refusal to submit to chemical testing in violation of Minn. Stat. 169A.25, subd. 1(b), which requires that the defendant both refuse to submit to chemical testing and the presence of one aggravating factor. Defendant's prior license revocation was the aggravating factor, but the State waited until the license revocation was sustained to charge Defendant. The court of appeals affirmed. The Supreme Court also affirmed, holding (1) a license revocation is "present" as an aggravating factor as of its effective date, and it may be used to enhance a charge of driving while impaired once review has occurred or the right to review has been waived; and (2) therefore, the State properly used Defendant's license revocation as an aggravating factor. | | State v. Vangrevenhof | Docket: A18-1530 Opinion Date: April 15, 2020 Judge: G. Barry Anderson Areas of Law: Criminal Law | The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's convictions for first-degree sale of a controlled substance and second-degree possession of a controlled substance, holding that the district court did not abuse its discretion by admitting a witness's statements under Minn. R. Evid. 807, the residual hearsay exception. Defendant's convictions were based on a transaction in which Defendant sold methamphetamine to L.P. After she was arrested, L.P. was interviewed by law enforcement and made statements regarding her meeting with Defendant and the drug transaction. During trial, the district court admitted into evidence L.P.'s statements under Rule 807. At issue on appeal was whether the district court abused its discretion by admitting the statements. The Supreme Court affirmed, holding that the district court did not abuse its discretion by admitting L.P.'s statements because admission of the statements satisfied the enumerated requirements of Rule 807. | |
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