IN RE LESLIE v. EMERSON

A16-0283.

889 N.W.2d 13 (2017)

IN RE Timothy LESLIE, Dakota County Sheriff, Appellant, State of Minnesota, Appellant, v. John David EMERSON, Respondent.

Supreme Court of Minnesota.

Filed: January 11, 2017.


Attorney(s) appearing for the Case

James C. Backstrom , Dakota County Attorney, Phillip D. Prokopowicz , Chief Deputy County Attorney, Helen R. Brosnahan , Assistant County Attorney, Hastings, Minnesota, for appellants Leslie and State of Minnesota.

Cathryn Middlebrook , Chief Appellate Public Defender, Saint Paul, Minnesota, for respondent.

Lori Swanson , Attorney General, Michael Everson , Assistant Attorney General, Saint Paul, Minnesota, for amicus curiae Minnesota Attorney General.

Teresa Nelson , Legal Director, American Civil Liberties Union of Minnesota, Saint Paul, Minnesota, for amicus curiae American Civil Liberties Union of Minnesota.


OPINION

On January 14, 2016, the Dakota County Attorney, on behalf of the State of Minnesota, charged Respondent John David Emerson with second-degree assault with a dangerous weapon. See Minn. Stat. § 609.222, subd. 1 (2016). The district court found there was probable cause for the charge and Emerson was...

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