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STATE v. NESS

Nos. A12-0290, A12-0291.

819 N.W.2d 219 (2012)

STATE of Minnesota, Appellant, v. Bryan Paul NESS, Respondent.

Court of Appeals of Minnesota.

August 20, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Brian J. Melton , Clay County Attorney, Pamela Harris , Assistant County Attorney, Moorhead, MN, for appellant.

David W. Merchant , Chief Appellate Public Defender, Mark D. Nyvold , Assistant Public Defender, St. Paul, MN, for respondent.

Elizabeth J. Richards , Beverly Balos, St. Paul, MN, for amicus curiae Minnesota Coalition for Battered Women.

Rana Alexander , Minneapolis, MN, for amicus curiae Battered Women's Legal Advocacy Project.

Kristine Lizdas , Minneapolis, MN, for amicus curiae Battered Women's Justice Project.

Considered and decided by LARKIN, Presiding Judge; JOHNSON, Chief Judge; and CONNOLLY, Judge.

OPINION

CONNOLLY, Judge.

In these consolidated appeals by the state, challenging the dismissal of charges of violating domestic-abuse no-contact orders (DANCOs) in two separate district court files, the state argues (1) the district court erred in allowing respondent to collaterally attack the DANCOs after he failed to appeal the issuance of the DANCOs; and (2) the district court erred in finding that Minn.Stat. § 629.75 is facially unconstitutional...

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