STATE v. UNDERDAHL

Nos. A07-2293, A07-2428.

749 N.W.2d 117 (2008)

STATE of Minnesota, Appellant, v. Dale Lee UNDERDAHL, Respondent, Timothy Arlen Brunner, Respondent.

Court of Appeals of Minnesota.

May 20, 2008.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN and James C. Backstrom, Dakota County Attorney, Jessica A. Bierwerth, Helen R. Brosnahan, Assistant County Attorneys, Hastings, MN, for appellant.

Jeffrey S. Sheridan, Strandemo, Sheridan & Dulas, P.A., Eagan, MN, for respondent Dale Lee Underdahl.

Derek A. Patrin, Meaney & Patrin, P.A., Hopkins, MN, for respondent Timothy Arlen Brunner.

Considered and decided by PETERSON, Presiding Judge; TOUSSAINT, Chief Judge; and CRIPPEN, Judge.


OPINION

CRIPPEN, Judge.*

In this consolidated appeal from pretrial orders granting defense motions for disclosure of the computer source code for the Minnesota Model of the Intoxilyzer 5000EN, the state argues that the district court abused its discretion in ordering discovery because respondents failed to show that the source code is relevant and in the state's possession or control. The state asserts that due process does not...

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