STATE v. BARKER

A16-1100.

888 N.W.2d 348 (2016)

STATE of Minnesota, Appellant, v. Demarcus Lemaine BARKER, Respondent.

Court of Appeals of Minnesota.

Filed December 12, 2016.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and John L. Fossum , Rice County Attorney, Terence J. Swihart , Assistant County Attorney, Faribault, Minnesota (for appellant).

Drake D. Metzger , Metzger & Nyberg, LLC, Minneapolis, Minnesota (for respondent).

Considered and decided by Stauber, Presiding Judge; Worke, Judge; and Bratvold, Judge.


OPINION

In this pretrial appeal, the state challenges the district court's order dismissing several controlled-substance charges for lack of probable cause. Because the dismissal has a critical impact on the state's case and the circumstantial evidence provides sufficient probable cause to believe that respondent physically...

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