[box type=”info” size=”large”]Entries for the McNeely case database of Minnesota state court decisions. The database is sortable by clicking on the column heading. You can also submit case information here.[/box]
Entries for McNeely Database
| Judge | State | County | Position | Evidence/Documentation | Notes | |
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| Rappe | Minnesota | Rice | Grants |  |
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| Stephenson | Minnesota | Ramsey | Grants | Denies Motions to Suppress but takes memos. |
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| Neuville | Minnesota | Rice | Grants | Per Chuck Ramsay, breath test in a criminal case. |
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| Logering | Minnesota | Anoka | Denies | In PD database | Breath is distinguisable. Single exigency still OK for these tests AND Consent not coerced |
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| Thompson | Minnesota | Meeker | Denies | In PD database | Distinguishes as on blood vs. breath. Refusal is not unconsisitution |
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| Neuville | Minnesota | Rice | Denies | In PD database | Defendant made a request for a blood test which was granted. Held consent was voluntary based on factors specific to this case. Totality of circumstances test applied to voluntariness of consent |
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| Pugh | Minnesota | Dakota | Denies | In PD database | McNeely applies only to nonconsensual blood draws. No evidence of coercion |
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| Strand | Minnesota | Wright | Denies | In PD database | IC warning merely informational not coercive. |
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| Westfall | Minnesota | Nicollet | Reopened | In PD database | US decision a \"change in the legal landscape\" warranting reopening |
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| Wahl | Minnesota | Hennepin | Under Advisement | In PD database | Has Cases in front of him. Briefing pending |
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| Alton | Minnesota | Hennepin | In PD database | Initially denied from bench on consent. May be changing mind |
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| Schoffelman | Minnesota | Chisago | Grants | In PD database | McNeely was no consent this case is consent. McNeely does not apply to consent cases. |
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| Bush | Minnesota | Hennepin | Denies | Informed me in Chambers on a Bloomington matter. Told him he can deny me after a hearing. Judge requested that we continue the Pre-Trial pending discovery and pocket the motion and hearing date request. | McNeely limited to blood tests taken from refusing defendant without a warrant. MN refusal statute remains constitutional. Netland & Wiseman not overruled by McNeely |
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| Halsey | Minnesota | Wright | Denies | In PD database | Defendant waived his McNeely argument by not raising at contested OH. It is blood it is different he consented |
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| DuFresne | Minnesota | Hennepin | Denies | In PD database | Breath and consent is distinguisable. McNeely has no bearing |
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| Tiffany | Minnesota | Hubbard | Grants | In PD database | ||
| Grunke | Minnesota | Aitkin | Rescinded | In PD database | Breath Test required warrant. |
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| Chu | Minnesota | Hennepin | In PD database | Has made comments in chambers that she does not agree with McCarthy\'s order and that Netland is still good law. |
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| Hoffman | Minnesota | Washington | Grants | In PD database | Rescind revocation (reinstate DL) pending outcome of the Brooks decision. |
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| Cahill | Minnesota | Hennepin | Grants | In PD database | Breath is distinguishable and not as intrusive. Totality of circumstances exigency AND Consent not coerced |
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| Asphaug | Minnesota | Dakota | Denies | In PD database | Relies on Neville and McNeely and others to find that that consent must be withdrawn and that the IC law is based on more than single factor exigency |
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| Moore | Minnesota | Hennepin | Denies | In PD database | Netland not overruled, Skinner applies and the State\'s interest in public saftey is even more important than the interest in Skinner. DUI is a serious problem. McNeely only applies to the serious int |
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| Messerich | Minnesota | Dakota | Denies | Order attached. | Messerich believes that McNeely only applies to nonconsensual warrantless blood tests. |
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| Chu | Minnesota | Hennepin | Denies | A group of attorneys were in Judge Chu's chambers when she said "Netland and Shriner are still good law." Attorney Tom Beito has detailed information. | ||
| Bush | Minnesota | Hennepin | Denies | Informed me in Chambers on a Bloomington matter. Told him he can deny me after a hearing. Judge requested that we continue the Pre-Trial pending discovery and pocket the motion and hearing date request for now. | |
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| Alton | Minnesota | Hennepin | Denies | Criminal, does it from the bench. I was told this by Baertchi. |
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| Chu | Minnesota | Hennepin | Denies | McNeely applies only to non-consensual blood draws. If it’s not |
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| Alton | Minnesota | Hennepin | Takes Memos | Pretrial with Judge Alton two days ago. Her initial response was scary. After talking with her at the bench, she seemed to have a more open mind. I'm submitting briefs into weeks. |
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| Laurie Miller | Minnesota | Hennepin | Takes Memos | Add HCDC Judge Laurie Miller to the "accepting Memoranda " category, at least in IC cases, where the parties stip to the reports, ICA, DataMaster results, and the fact that a warrant was not sought or obtained by the cop. |
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| Robert King | Minnesota | Dakota | Denies | 19av-cr-12-22806 | ||
| Gregg Johnson | Minnesota | Ramsey | Says he agrees with McCarthy | Chuck Ramsay says he's consolidating cases for Jeff Sheridan to | ||
| Spicer | Minnesota | Dakota | Under Advisement | Blood/IC |
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| Hoffman | Minnesota | Washington | Grants | Chuck Ramsay Case | Stayed a revo until CoA rules on Brooks |
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| Grunke (IC) | Minnesota | Stearns | Grants | Case | 4th Amend. Violated, but hasn’t decided the remedy yet |
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| McCarthy | Minnesota | Sibley | Grants | Case No. 27 CR 09-50 (RS) | |
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| Bush | Minnesota | Hennepin | Denies | Told by a prosecutor/Keller | ||
| Bastain | Minnesota | Ramsey | Takes Memos | Case No. 62 CR 13-660 | Must stipulate facts. |