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STATE v. NESS

Nos. A12-0290, A12-0291.

834 N.W.2d 177 (2013)

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

Supreme Court of Minnesota.

July 24, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, David S. Voigt , Deputy Attorney General, Saint Paul, MN, Brian J. Melton , Clay County Attorney, Moorhead, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Saint Paul, MN, Mark D. Nyvold , Special Assistant State Public Defender, Fridley, MN, for appellant.

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

Rana Alexander , Minneapolis, MN, for amicus curiae Battered Women's Legal Advocacy Project; and Kristine Lizdas , Minneapolis, MN, for amicus curiae Battered Women's Justice Project.

Cort C. Holten , Jeffrey D. Bores , Chestnut Cambronne, P.A., Minneapolis, MN, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.

OPINION

PAGE, Justice.

This case involves two due process challenges to the face of Minn.Stat. § 629.75, subd. 1 (2012), which sets forth the process under which a domestic abuse no contact order may be issued to a defendant in a criminal proceeding. Pursuant to subdivision 1 of section 629.75, the district court issued domestic abuse no contact orders that prohibited appellant Bryan Paul Ness from contacting his wife. After Ness allegedly contacted...

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