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2 Sep, 2008 1:55 pm
Court of Appeals' Decision No Longer Precedential Authority On August 5, 2008, the Minnesota Supreme Court issued an order granting review of the Minnesota Court of Appeals' decision in
State v. Underdahl, 749 N.W.2d 117 (Minn. App. 2008). In that decision, the Court of Appeals held that when a defendant seeks discovery of
computer source code for the breathalizer, a trial court's determination that the source code is discoverable (pursuant to Rule 9.01 of the Minnesota Rules of Criminal ...
6 Aug 9:22 am
The Montana Supreme Court has issued an Unpublished Opinion in the following matter: DA 08-0623, 2009 MT 258N, LORALEE UNDERDAHL, Petitioner
and Appellee, v. DON CHENEY, Respondent and Appellant.
11 Jun, 2008 10:28 am
... of the testing method without access to the software that controls the testing process.' . . . [R]egarding . . . Underdahl, the court
stated that `[b]ecause the Intoxilyzer [ ] provides the only evidence of . . .alcohol concentration that may be ... can understand the challenge the defense is making; it's essentially
a matter of common sense. The premise of the challenge in the Underdahl case (and of the apparently hundreds of cases like it) is that the
defendants cannot effectively challenge the ...
4 May 5:42 pm
... a DWI can show that the code relates to their guilt or innocence. Justice Meyer wrote for the majority. Defendants Underdahl and Brunner
sought discovery of the source code for the the Intoxilyzer 5000EN following DWI charges. In both cases, the ... code would help him do so. Justice Page and Justice Anderson dissented
on the conclusion of the majority relative to Underdahl. However, Brunner submitted source code definitions, written testimony of a computer
science professor that explained issues ...
8 Apr 8:02 am
... the reported result. CASE LAW 5. Comm'r of Pub. Safety v. Underdahl, 735 N.W.2d 706 (Minn. 2007). Holding, inter alia, that ... August 5,
2008. Order granting review of the Court of Appeals decision in State v. Underdahl, wherein the Court of Appeals overturned the trial court's
order compelling the State to ... State v. Brunner, A07-2428. Petition for further review that was granted by the Supreme Court (Underdahl II),
providing factual and legal basis for compelling disclosure of the source code 9. ...
13 Feb, 2008 12:50 pm
... DUI) and submitted to a breath test using the Minnesota model of the Intoxilyzer 5000EN. At his implied consent hearing, Underdahl made a
discovery motion, by his attorney, that included, among the items sought, the "complete computer source code for the Intoxilyzer 5000EN currently in use in the State of Minnesota … In
response to Underdahl's defense attorney's request that the Minnesota Commissioner of Public Safety provide the complete computer source code
for ...
30 Apr 3:34 pm
... . The Court also upheld the lower court's ruling that the state has possession or control of the source code. In fact, it cited to its previous ruling, Underdahl I. Another case that was consolidated with Brunner, State v. Underdahl, suffered a different fate. ... of
relevance. Justice Myers, writing for the majority wrote, "We hold that, even under a lenient showing requirement, Underdahl failed to make a
showing that the source code may relate to his guilt or innocence." RAMSAY'S OPINION: What Now ...
29 May 6:22 am
... DUI license suspension based on the factors for deciding need for the Intoxilyzer Source Code in Underdahl. I previously blogged about the
original opinion at: Minnesota DUI Breath Testing On The Ropes, and ... we conclude that appellant made the minimal showing of relevance outlined in State v. Underdahl, ___ N.W.2d ___, ___, 2009 WL 1150093, at *6-*8 (Minn. Apr. 30, 2009) (Underdahl II), we reverse and
remand. FACTS On January 12, 2008, appellant William Robert Thompson was stopped by Sergeant ...
11 Jun, 2008 12:56 am
... why examining the Intoxilyzer software would help determine if the instruments are defective. The appellants were Dale Lee Underdahl, of
Northfield, and Timothy Arlen Brunner, of Farmington. The men were charged in Dakota County, in separate incidents, ... out criminal charges against drunken-driving defendants as a
result of the state's failure to produce the source code, said Underdahl's attorney, Jeffrey Sheridan. Nothing in the latest court opinion
prevents DUI attorneys from seeking the source ...
2 Dec, 2008 10:33 am
... an order requiring disclosure of the Intoxilyzer source codes in this criminal impaired driving case.. Aware of the decision in State v. Underdahl, 749 N .W.2d 117 (Minn . Ct. App . 2008), review granted (Aug: 5, 2008), ... number perhaps fifteen hundred to two thousand. I have examined these.
They are for the most part informative as to the questions raised in Underdahl, and often of great interest. The documents consist, inter alia,
of scholarly articles, affidavits, transcripts of testimony of ...
5 May 10:46 am
... Supreme Court rendered its decision in the long-awaited breath test source code case, State v. Brunner (Underdahl II). At first blush, it
appears the victors will be those citizens accused of DWI at the hands of the Intoxilyzer 5000. Ironically, ... the trial court, despite losing "hundreds" of cases before the suit and
hundreds more being stayed pending Brunner/Underdahl II. Meanwhile the state wasted a year after filing the lawsuit. Rather than aggressively
litigating the matter, it immediately ...
29 May 7:36 am
... so won't reiterate them here. For the basics of the issue, see Minnesota DWI breath testing. Here's a direct quote from the new case, issued (but not published) on 5.26.09. The
quote deals with the jurisdictional issue only: In Underdahl v. Comm'r of Pub. Safety (Underdahl I),
the Minnesota Supreme Court considered this same argument on appeal from this court's denial of a writ of prohibition. 735 N.W.2d 706, 709-10 (Minn. 2007). The supreme court held that
because Minn. Stat. § 169A.53 gives ...
13 Aug, 2007 7:29 am
... ruled late last month that source code for the Intoxilyzer 5000EN, made by a Kentucky-based company called CMI, must be handed over to defense attorneys for use in a case involving
charges of third-degree DUI against a man named Dale Lee Underdahl. CMI's historic resistance to such demands has led to charges being dropped
in at least one case outside of Minnesota. In this case, the high court concluded that language in the contract between CMI and the state indicates the source code belongs by ...
30 Apr 9:11 am
We Won! Just released from the Minnesota Supreme Court : State v. Underdahl/ Brunner. More about our enthusiasm, and analysis to come.
7 May 10:56 am
The state has been in panic mode since last week's Minnesota Supreme Court DWI Intoxilyzer Source Code Ruling. State Source Code Litigation The Minnesota Attorney General took the case
over from the Dakota County Attorney. On Tuesday, May 5, 2009, the AG's office filed a motion for rehearing. The Solicitor General, who is leading the state's fight (or fall) in federal
court, signed the pleading. There are two bases for the state's motion for rehearing: 1) Do you live under a rock? The federal ...
9 Sep 10:17 am
... issued a standing order addressing this process. In civil cases -- where drivers challenge the revoked drivers' license -- attorneys must file a Petition for Judicial Review, a
motion for discovery of the source code and an affidavit addressing the requirements of Underdahl II and Brunner. In criminal cases, attorneys
must file a motion for the source code along with the same affidavit. The county does not require a memorandum. It is important to note that the county imposes time requirements in ...
9 May 3:13 pm
In a petition signed May 5th, 2009, the State of Minnesota has requested the Minnesota Supreme Court to reconsider its ruling in State vs. Underdahl. Specifically, the state has requested that the Court reverse its earlier finding that the State of Minnesota has possession of the source code. In
its petition, the state argues that they are not currently [...]
1 May 10:30 pm
The Minnesota Supreme Court in State vs. Underdahl, an 18 page ruling handed down on April 30th, 2009, affirmed one district court judge's
order that the source code for the Minnesota Intoxilyzer 5000EN breath testing machine be disclosed by the State of Minnesota in a Minnesota DWI prosecution case, but also ruled that
the district court abused its discretion in ordering the State to disclose [...]
5 Nov 5:18 am
... . Instead, he forced the state and CMI into providing unfettered access to the source code at the manufacturer's headquarters. Ramsay uncovered the secret "smoking gun" and
"inferno" internal emails. Sheridan prevailed at the Minnesota Supreme Court in the Underdahl case opening the door to the source code issue.
Halberg has been instrumental in organizing the defense bar and leading the coalition and also submitted valuable memoranda on behalf of the MSCJ in the federal case. Lead counsel is
...
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