State v. Johns, No. C9-95-1765

CourtSupreme Court of Minnesota (US)
Writing for the CourtTOMLJANOVICH; STRINGER; KEITH; BLATZ
Citation569 N.W.2d 180
PartiesSTATE of Minnesota, Respondent, v. Melvin JOHNS, Petitioner, Appellant.
Decision Date11 September 1997
Docket NumberNo. C9-95-1765

Page 180

569 N.W.2d 180
STATE of Minnesota, Respondent,
v.
Melvin JOHNS, Petitioner, Appellant.
No. C9-95-1765.
Supreme Court of Minnesota.
Sept. 11, 1997.

John M. Stuart, Minnesota State Public Defender by Bradford Colbert, Assistant State Public Defender, St. Paul, for Appellant.

Hubert H. Humphrey, III, Minnesota Attorney General, St. Paul, James C. Backstrom, Dakota County Attorney by Phillip D. Prokopowicz, Assistant Dakota County Attorney, Hastings, for Respondent.

Heard, considered and decided by the court en banc.

Page 181

OPINION

TOMLJANOVICH, Justice.

The defendant, Melvin Johns, is a co-defendant of Wayne Thomas Carter. The facts and legal issues are identical in both cases.

Based on our reasoning in the companion case of State v. Carter, 569 N.W.2d 169, 178-179 (Minn.), the decision of the court of appeals is reversed.

STRINGER, Justice (dissenting).

For the reasons set forth in my dissent in State v. Carter, I respectfully dissent.

KEITH, Chief Justice (dissenting).

I join in the dissent of Justice STRINGER.

BLATZ, Justice (dissenting).

I join in the dissent of Justice STRINGER.

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3 practice notes
  • State v. Carter, No. CX-95-1368
    • United States
    • Supreme Court of Minnesota (US)
    • July 15, 1999
    ...119 S.Ct. 469, 142 L.Ed.2d 373 (1998), the judgments of this court in State v. Carter, 569 N.W.2d 169 (Minn.1997), and in State v. Johns, 569 N.W.2d 180 (Minn.1997), are hereby vacated. The judgment of the court of appeals in State v. Carter, 545 N.W.2d 695 (Minn.App.1996), is affirmed. The......
  • Minnesota v Carter, 971147
    • United States
    • United States Supreme Court
    • December 1, 1998
    ...to bring [their] motion to suppress the evidence gathered as a result of Thielen's observations." 569 N. W. 2d, at 176; see also 569 N. W.2d 180, 181. Based upon its conclusion that the respondents had "standing" to raise their Fourth Amendment claims, the court went on to hold that Thielen......
  • MINNESOTA v. CARTER
    • United States
    • United States Supreme Court
    • December 1, 1998
    ...to bring [their] motion to suppress the evidence gathered as a result of Thielen's observations." 569 N. W. 2d, at 176; see also 569 N. W. 2d 180, 181 (1997). Based upon its conclusion that respondents had "standing" to raise their Fourth Amendment claims, the court went on to hold that Thi......
3 cases
  • State v. Carter, No. CX-95-1368
    • United States
    • Supreme Court of Minnesota (US)
    • July 15, 1999
    ...119 S.Ct. 469, 142 L.Ed.2d 373 (1998), the judgments of this court in State v. Carter, 569 N.W.2d 169 (Minn.1997), and in State v. Johns, 569 N.W.2d 180 (Minn.1997), are hereby vacated. The judgment of the court of appeals in State v. Carter, 545 N.W.2d 695 (Minn.App.1996), is affirmed. The......
  • Minnesota v Carter, 971147
    • United States
    • United States Supreme Court
    • December 1, 1998
    ...to bring [their] motion to suppress the evidence gathered as a result of Thielen's observations." 569 N. W. 2d, at 176; see also 569 N. W.2d 180, 181. Based upon its conclusion that the respondents had "standing" to raise their Fourth Amendment claims, the court went on to hold that Thielen......
  • MINNESOTA v. CARTER
    • United States
    • United States Supreme Court
    • December 1, 1998
    ...to bring [their] motion to suppress the evidence gathered as a result of Thielen's observations." 569 N. W. 2d, at 176; see also 569 N. W. 2d 180, 181 (1997). Based upon its conclusion that respondents had "standing" to raise their Fourth Amendment claims, the court went on to hold that Thi......

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