IN RE STATE

A21-1523.

986 N.W.2d 686 (2023)

IN RE STATE of Minnesota, Petitioner, State of Minnesota, Respondent, v. Brian Lee Flowers, Appellant.

Supreme Court of Minnesota.

Filed: March 15, 2023.


Attorney(s) appearing for the Case

Keith Ellison , Attorney General, Saint Paul, Minnesota; and Mary F. Moriarty , Hennepin County Attorney, Brittany D. Lawonn , Assistant County Attorney, Minneapolis, Minnesota, for respondent.

Bradford Colbert , Legal Assistance to Minnesota Prisoners, Saint Paul, Minnesota; and Perry L. Moriearty , Child Advocacy and Juvenile Justice Clinic, Cole Benson , Julia Brady , Kaitlyn Falk , Avery Katz , Eleanor Khirallah , Certified Student Attorneys, Minneapolis, Minnesota, for appellant.

Clare Diegel , Daniel R. Shulman , Teresa Nelson , American Civil Liberties Union of Minnesota, Minneapolis, Minnesota;

Trisha Trigilio , American Civil Liberties Union, New York, New York; and, Corene Kendrick , American Civil Liberties Union, San Francisco, California, for amici curiae American Civil Liberties Union of Minnesota and American Civil Liberties Union.

Robert Small , Executive Director, Minnesota County Attorneys' Association, Saint Paul, Minnesota;

Kevin A. Hill , Assistant Carver County Attorney, Chaska, Minnesota;

Robert I. Yount , Assistant Anoka County Attorney, Anoka, Minnesota; and Richard D. Hodsdon , Minnesota Sheriffs' Association, Saint Paul, Minnesota, for amici curiae Minnesota County Attorneys' Association and Minnesota Sheriffs' Association.


OPINION

The government provided appellant Brian Lee Flowers a process for communicating with counsel on an unrecorded phone line while he was incarcerated. Nevertheless, Flowers chose to communicate with counsel and share defense strategies with a third party by a method that he knew was recorded. Concluding that the...

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