Significant Cases

A Sampling of Recent Cases Handled by Calvin Johnson Law Firm, LLC

State vs. T.H. (2010) - DWI Dismissed - 4th Degree DWI charge dismissed, and driver's license revocation rescinded, on the basis that the police officer lacked articulable suspicion to stop the motor vehicle.

State vs. M.N. (2010) - Assault Dismissed - Client was charged Domestic Assault, 5th Degree Assault, and Disorderly Conduct. The Assault charges were dismissed. Client pleaded to a Petty Misdemeanor Disorderly Conduct (a "non-crime"), recieving a $100 fine.

State vs. P.T. (2010) - Test Refusal Dismissed - Attorney Calvin Johnson negotiated a Gross Misdemeanor DWI/Test Refusal charge (the defendant's fifth life-time alcohol-related driving offense) to a 4th Degree DWI, with No Jail to serve.

K.B. vs State of MN (2009) - Expungement Granted - Client recieved an expungement of a Petty Misdemeanor Theft conviction that was causing a loss of employment opportunities. Attorney Calvin Johnson was able to convince the district court judge that the benefit to the Petitioner (client) would "outweigh the public interest in maintaining a public record" of the conviction.

State vs. A.B. (2009) - Careless Driving - 4th Deg DWI charge was reduced to a Careless Driving. Calvin Johnson Law Firm LLC argued that the State lacked sufficient evidence to convict, as defendant was arrested outside of the vehicle, with no witnesses to testify to the fact that he was, with out a doubt, the individual that had parked it at that location.

State vs. P.E. (2009) - Stay of Adjudication/Motor Vehicle Theft - Defendant, charged with two counts of Felony Motor Vehicle Theft, Gross Misdemeanor 3rd Degree DWI (with an alcohol concentration over .20 BAC, more than twice the legal limit), and one count of Underage Drink and Drive, received a Stay of Adjudication on the Theft Charge, pled to the a reduced count of DWI, with the Underage charge being dismissed.

State vs. D.G. (2009) - Careless Driving - A 3rd Degree DWI charge, and Open Bottle, reduced to a Petty Misdemeanor Careless driving on the basis that the State was unable to produce the individual who administered the blood test. The State was unable to meet the Defendant's right to confront his/her accusers.

State vs. K.G. (2009) - DWI Test Result Thrown Out - Calvin Johnson Law Firm LLC received a decision from a district court judge to throw out a breath test result on the basis that the police officer performed an insufficiant observation period before administering the breath test.

State vs. M.H. (2009) - Charges Dismissed - Defendant was facing one count of Receiving Stolen Property, as well as one count of 5th Degree Controlled Substance, one count of Give Pease Officer False Name/ID Card, one count Obstruct Legal Process-Interfere With a Police Officer (stemming from a seperate incident). After case investigation, all charges were dismissed by the prosecuting attorney "in the interest of justice."

State vs. B.H. (2009) - Assault Dismissed - Felony 2nd Degree Assault With a Dangerous Weapon charge, calling for a mandatory sentence of 21 months in prison, reduced to a Petty Misdemeanor Disorderly Conduct (no jail), and a Stay of Adjudication (resulting in No Record of Conviction and no offense to report for employment purposes.)

State vs. B.J. (2009) - Assault to Disorderly/Ignition Interlock - Calvin Johnson Law Firm LLC, got a 5th Degree Assault charge reduced to an amended charge of Petty Misdemeanor Disorderly Conduct, on the basis that the defendant was merely resisting an offense of another against his person. The client was also successfully set up with the Ignition Interlock device, recieving full driving privileges despite a potential three year driver's license revocation.

State vs. W.J. (2009) - DWI Reduced - 3rd Degree DWI was reduced to a 4th Degree, and a rescission of the license plate impoundment was achieved, on the basis that, lacking a certified record of a previous out-of-state DWI conviction, The State can not use the previous conviction to enhance the current DWI charge.

State vs. P.L. (2009) - Small Amount Dismissed - Defendant was arrested for Open Bottle, Possession of Small Amount of Marijuana, and Possession of Drug Paraphernalia. Calvin Johnson Law Firm LLC argued to dismiss the Small Amount and Paraphernalia charges, on the basis that the police officer had performed an illegal search of the vehicle, thus the evidence obtained in the illegal search should be suppressed. Client retained an unblemished record for future employment opportunities.

State vs. J.M. (2009) - DWI Dismissed - 4th Degree DWI charge dismissed, and driver's license revocation rescinded, on the basis that the police officer lacked articulable suspicion to stop the motor vehicle (the insufficient reason for the stop being that the defendant was driving around in a small town in the early hours of the morning).

State vs. M.M. (2009) - DWI Acquittal - Not Guilty - Calvin Johnson Law Firm LLC received a Jury decision of Not Guilty to a 4th Degree DWI charge because the State was unable to prove, beyond a reasonable doubt, that the defendant had in fact been intoxicated at the time of driving.

State vs. T.O. (2009) - DWI/Drugs Discharge and Dismissal - Attorney Calvin Johnson negotiated a Discharge and Dismissal, meaning without adjudication of guilt, on a Controlled Substance charge after defendant was arrested for DWI and a small amount of methamphetamine in the motor vehicle, which the defendant was driving.

State vs. J.R. (2009) - Kidnapping Reduced to Petty Misdemeanor - Calvin Johnson Law Firm LLC negotiated a charge entailing two counts of Felony Kidnapping charges, False Imprisonment, Domestic Assault by Strangulation, and Interference with an Emergency call, down to a Petty Misdemeanor Disorderly Conduct.

State vs. A.S. (2009) - Careless Driving - 4th Deg DWI reduced to a Careless Driving during negotiations with the prosecutor, when Attorney Calvin Johnson motioned that the blood alcohol breath test result was unreliable.

State vs. T.S. (2009) - DWI Dismissed - 4th Degree DWI charge dismissed, and driver's license revocation rescinded, on the basis that the police officer lacked articulable suspicion to stop the motor vehicle. The officer stopped the vehicle for driving in a park after hours. However, the road was the only entrance to a residence located near the park.

State vs. A.W. (2009) - Rape Charge Dismissed - The prosecuting attorney dismissed the complaint, two counts of Criminal Sexual Conduct in the 3rd Degree. After conducting a more careful investigation of the charges, it was revealed that the charges were based on false accusations. Client was facing 12 years in prison. He is now free.

State vs. D.W. (2009) - Stay of Adjudication on Drug Charge - Client received a Stay of Adjudication on a Felony 5th Degree Controlled Substance charge, (no jail), despite a record of prior drug related convictions.

State vs. A.B. (2008) - 3rd Deg Assault - Not Guilty - The Jury found the Defendant not guilty of a 3rd Degree Assault charge at Trial.

State vs. G.H. (2008) - Dismissal - A Felony Terroristic Threats charge, with a potential sentence of 5 years and/or $1000 fine, was dismissed when client pled to a Petty Misdemeanor Disorderly Conduct, which is a "not a crime" in the State of Minnesota (because it is not punishable by jail time).

State vs. R.K. (2008) - Crim Sex charge Dismissed - Client pleaded to an amended Count of 5th Degree Assault. One count of 3rd Degree and two counts of 4th Degree Criminal Sexual Conduct were dismissed, because the State was unable to produce It's witness.

State vs. T.M. (2008) - Kidnapping Charge Reduced - Client was orginally charged with one count of Felony Kidnapping, and one count of Felony Terroristic Threats. He pled to a reduced charge of Misdemeanor OFP violation, with No Jail and No Conviction on his record, after the alleged victim was proven to be his lover, and that she had found another man while the client was overseas defending our country.

State vs. J.P. (2008) - Disorderly Conduct - Three counts of Felony Criminal Damage to Property (1st Degree, 3rd Degree, and 4th Degree) reduced to a Disorderly Conduct.

State vs. J.R. (2008) - Stay of Adjudication - Calvin Johnson Law Firm LLC got a Stay of Adjudication on a plea to a Sexual Solicitation charge, the Criminal Sexual Conduct charge being dismissed. The client received No Jail.

State vs. A.W. (2008) - Careless Driving - Two Counts of 4th Degree DWI, and a charge for running a red light, an incident causing a motor vehicle collision with another vehicle, was reduced to a Careless Driving when the prosecuting attorney failed to produce the officer that made the arrest to testify as a witness in court.

State vs. T.Z. (2008) - Stay of Adjudication of Sentence - Client received a Discharge for Dismissal, denying any guilt to the charge alleged, on a Disorderly Conduct charge, with 90 days probation.

A Sampling of Various Cases Handled at the Trial Level by Attorney Calvin Johnson

State v. Cripps

Defendant was seized, within the meaning of Article I, Section 10 of the Minnesota Constitution, when an armed and uniformed police officer approached defendant in a bar and asked to see identification for proof of legal age to consume alcohol. Officer did not articulate sufficient individualized suspicion of criminal activity to justify seizure when officer failed to articulate why particular defendant was asked to produce identification.

Schmidt v. Schmidt

Regarding the court’s assertion of jurisdiction under the Uniform Child Custody Jurisdiction Act, Minn. Stat. § 518A.03, Subd. 1, and ordering return of the child to Minnesota and into the custody of the respondent.

State v. Boyd

In a prosecution for criminal sexual conduct in the third degree, scientific evidence that the defendant was the father of a baby subsequently born to the victim was admissible to prove that sexual penetration occurred provided, however, that the expert evidence could not take the form of statistical evidence suggesting, by quantification, satisfaction of the requirement that guilt be established beyond a reasonable doubt.

Horner v. Horner

The trial court improperly relied on only one factor in the statutory child custody guidelines and did not make sufficient findings to assure that fault in seeking marital dissolution did not influence its custody award. Religious affiliation, alone, does not justify award of custody.

State v. Saldana

Admission of expert testimony concerning typical post-rape symptoms and behavior of rape victims, and expert’s opinion that complaining witness was victim of rape and had not fantasized rape was reversible error. This was the first case in Watonwan County utilizing an interpreter for trial.

State v. Zuehlke

Evidence failed to support finding that defendant, who was arrested after discovery of beer in automobile in which he was an occupant along with minors, bought the beer partly for consumption outside the car and that some of it was consumed outside the car, and therefore State failed to meet its burden of establishing that the offenses of open bottle and furnishing liquor to person under age 19 were not part of a single behavioral incident; as a result, conviction of open bottle offense barred later prosecution of defendant on furnishing charge.

State v. Dahl

The record that demonstrates: (a) Dahl filled out a standard time sheet with his request for overtime compensation; (b) his supervisor approved the time sheet; and (c) Dahl’s labor contract with the county provided a minimum of two hours’ compensation for even one minute of overtime work, could not sustain a conviction under Minn.Stat. §609.45.

State v. Jahnke

Cumulative effects of errors occurring during trial constituted denial of right to fair trial, such errors included extensive inquiry into details surrounding an arson investigation, inquiry into fact that defendant mother had been sexually abused as a child, questioning suggesting inference to the jurors that defendant mother had been given polygraph test and had failed it, and elicitation of testimony of pictures of defendant husband’s preferred sexual practice.

State v. Saunders

The statute was not unconstitutionally vague as applied to claim involving farmer who offered to cure cancer with milk from cow injected with ill person’s blood.