A Sampling of Recent Cases Handled by the Calvin Johnson Law Firm, LLC
State vs P.S. (2013) -Client Moved to dismiss a Domestic Assault on the basis that there was no probable cause for the charge. In careful analysis, the Court agreed. The record established that client “pushed” the alleged victim in such a manner that she did not fall, nor sustain bodily injury. Following the “push,” the alleged victim did not appear upset. The Court went on to state, “Without knowing more about the circumstances surrounding Defendant’s physical contact with (alleged victim), the Court is left to speculate that the contact may have been wholly incidental and inoffensive.” Therefore, the Court concluded that there was insufficient evidence to establish that defendant intended to cause (to the alleged victim) fear of immediate bodily harm or death by the “push.”
State vs G.A. (2013) - Client received a Stay of Adjudication for drug charges, on a second time around, due to the unique circumstances of his file. A Stay of Adjudication is not normally allowed for a person’s second time being charged with a felony level drug offense. Both cases involved felonies.
State vs M.T. (2012) - Driving After Cancellation – Client was pulled over for speeding, and arrested for driving without a valid license. As a result, the State issued an order for license plate impoundment (i.e.: “Whiskey Plates”). Through case investigation by our office, we discoverd that the “computer generated” cancellation of client’s license by the State of Minnesota was not authorized, under the law. Consequently, the Gross Misdemeanor charge of Driving After Cancellation was dismissed by the County Attorney in the interest of justice, without the necessity of any court hearings. Further, client’s license was fully reinstated, the regular license plates were returned, with fees refunded.
State vs D.A. (2012) - Client was ordered to serve 8 days county jail, despite the fact that he had been charged with Assault in the 2nd Degree, for the accusation of threatening the alleged victim with a shotgun. The gun charge was dismissed, and client pleaded guilty with an Alford plea, to a lesser charge. Significantly, the case had mandated a prison sentence, which was not necessary given the disposition. The client received a Stay of Imposition of Sentence, making the Felony a Misdemeanor, upon successful completion of probation. Client’s success was made possible through considerable efforts to maintain his sobriety, and providing adequate verification to the Court.
State vs M.J. (2012) - Driving After Cancellation/Hit and Run- Client comes in with an alibi. He was home, with witnesses, when he was accused of driving a vehicle, causing an accident, and leaving the scene. Our office initiated a case investigation, and referred our reports over to the police department. Upon further investigation, client was exonerated, and the State dismissed the complaint without the necessity of a hearing or court trial.
State vs W.J. (2012) - Felony Drugs/Illegal Possession of a Firearm- Motion was made to dismiss the charge of possession of illegal weapon, based upon lack of constructive possession. The Court granted a motion in pre-trial proceedings. As a result, the mandatory prison sentence was not applicable.
State vs D.L. (2012) - Felony Drugs- Client was charged with one count of 5th Degree Sale. Client received a Stay of Adjudication, no jail, and a fine.
Client works and resides outside of Minnesota. Negotiations with State resulted in no probation. Court supervision of client until fine paid.
State vs L.C. (2012) - Felony Assault Dismissed- Client was charged with two Counts of Felony Domestic Assault. The State dismissed the charges, prior to the Omnibus hearing, without the necessity of any court appearance.
State vs S.N. (2012) - Client was charged with a barroom brawl that resulted in a cut in the alleged victim’s face, requiring eight stitches. Client pleaded guilty to a Disorderly Conduct, as a petty misdemeanor, with no jail.
Client utilized self-defense as the main defense for his case. Self-defense encompasses the “justifiable use of force.”
State vs G.P. (2011) - 2nd Degree DWI Reduced- Client pleaded guilty to Careless Driving, reduced from two counts of DWI - 2nd Degree. In exchange, client agreed to not contest the revocation of his driving privileges.
State vs K.J. (2011) - First charge DWI. Client was allowed to plead guilty to Careless Driving on a .13 breath test. Client dismissed Implied Consent Petition.
State vs J.T. (2011) - DWI Second Degree, with two priors, and children in the motor vehicle. Client plead guilty to DWI-Third Degree.
Ignition Interlock imposed as a condition of probation instead of the mandatory minimum jail term. (90 days was presumed to be the mandatory minimum under the original charges.) Client invested significantly in issues of sobriety.
State vs C.T. (2011) - Client was charged with four counts of Violation of OFP.
Client was allowed to tender a plea to one count, and receive a stay of adjudication. As a consequent, the other count was dismissed in Blue Earth County. As a further consequence, the other two counts in Faribault County were continued for dismissal.
Consequently, the client will end up with nothing on client’s record, once probation is successfully completed.
State vs L.C. (2011) - The State dismissed charge of Refusal, a Gross Misdemeanor DWI, on the basis that “credibility issues with witness makes it difficult to proceed with charges.” In reality, the officer came upon the motor vehicle with the witness behind the driver’s seat. The defendant, accused, had called 911, asking for assistance, because the “witness” had assaulted the defendant. The officer believed that he could ask for a test from the defendant, based upon the officer’s observation that the seat in the motor vehicle was back too far for the witness to have driven it. However, there was no other evidence that the defendant had ever driven the vehicle. Interesting enough, the defendant was not charged with actual driving. He was only charged with refusing a test based upon the officer’s probable cause to believe that he was driving.
W.J. vs 2003 GMC Envoy (2011) - Client’s motor vehicle was confiscated on the basis of an allegation of a prior implied consent or DWI conviction. However, because both prior matters were pending, with no resolution, the charges of DWI in the 2nd Degree were dismissed. As a result, the prosecutor voluntarily returned the client’s motor vehicle, without the necessity of a formal court hearing.
With the July 1, 2011 law change involving Ignition Interlock, charged with a first time DWI, alcohol concentration over .16, client faced a 1 year driver’s license revocation, and been required to place ignition interlock in their motor vehicle. Significantly, client was certified as being in violation of the implied consent law prior to July 1, the date that the law changed. Consequently, the Commissioner of Public Safety administratively adjusted the length of client’s implied consent revocation, from 365 to 180 days, with eligibility to obtain a limited driver’s license after 30 days. In exchange, client agreed to waive the implied consent hearing.
State vs. H.B. (2011) - Defendant brought motion to dismiss and suppress the medical opinion of the police officer, on the basis that the officer was not qualified to discuss medication, the affects of medication, when the medication was administered, and any potential opinion as to the results of prescribed medication. The prosecuting authority dismissed the DWI prior to Contested Pre-Trial hearing. Client did admit to an Open Bottle.
State vs. E.K. (2011) - Client accused of slugging alleged victim, and throwing hard object at another person. Matter was successfully diverted. Client received a Diversion, with nothing on client's record. Client's prospective career depended upon successful resolution of the criminal charges.
State vs. B.G. (2011) - Charges Dismissed - 2nd Degree Assault charges, With a Weapon, were dismissed by the County Attorney.
State vs. M.H. (2011) - Charges Dismissed- Felony Theft charges were dismissed by the district court as evidence obtained was "fruit of the poisonous tree," and therefore inadmissible at trial. A warrantless search justified dismissal of the case, due to lake of probable cause. The police over stepped their authority, and the police misconduct was the basis to suppress evidence sized without a search warrant.
State vs. A.A. (2010) - Stay of Adjudication - Stay of Adjudication on a Felony Possession of Controlled Substance - The State could not prove that the alleged controlled substance was in fact "hash" by definition.
State vs. B.C. (2010) - Client was charged with Felony Assault on a police officer. Attorney Calvin Johnson negotiated a Stay of Imposition on an Obstruction of Legal Process charge, to be reduced to a Misdemeanor upon successful completion of probation. The Client was later charged with 3rd Degree DWI stemming from a separate incident. Attorney Calvin Johnson negotiated a plea to Misdemeanor DWI on the basis that the State could not use the prior out-of-state DWI conviction to enhance the current charge.
State vs. B.D. (2010) - No Jail - 2nd Degree DWI (third DWI in three years). No jail.
State vs. C.L. (2010) - Theft of a Motor Vehicle Dismissed - Charges of Felony Theft of a Motor Vehicle were dismissed due to the State's inability to prove that the Defendant intended to steal the motor vehicle.
State vs. D.D. (2010) - Charged with several Counts of Aggravated Robbery, Burglary, and Assault with a Dangerous Weapon, client was facing 36 to 216 months in prison. Attorney Calvin Johnson negotiated a downward dispositional departure from the Standard Sentencing Guidelines. The defendant was granted probation after serving less than one year in County Jail.
State vs. D.J. (2010) - Not Guilty - Client was tried for Driving While Intoxicated based on the individual's driving conduct. Attorney Calvin Johnson argued the defendant was merely suffering from sleep deprivation. The jury found the defendant "Not Guilty."
State vs. F.L. (2010) - Assault Dismissed - Felony Assault on a police officer, reduced to Disorderly Conduct Misdemeanor.
State vs. F.J. (2010) - Underage Dismissed - Client charged with Underage Consumption and Underage Drink and Drive. Attorney Calvin Johnson negotiated a dismissal of the Underage Drink and Drive on the basis that the officer lacked probable cause for the arrest.
In Re the Matter of G.K. (2010) - The County wanted to remove a child from the home. Calvin Johnson Law Firm worked with the family and County officials to maintain the parents custody of the child.
State vs. H.C. (2010) - Assault Dismissed - Charged with Felony Fleeing a Police Officer in a Motor vehicle, racing to speeds over 100 mph. Pleaded guilty to Misdemeanor Careless Driving and 6 months probation
State vs. J.A. (2010) - Stay of Adjudication/No jail - Client was charged with multiple Counts of Felony Possession of Drugs and Possession of Stolen Property. Client received a Stay of Adjudication. No jail.
State vs. J.G. (2010) - Client charged with Permitting Public Nuisance & Feedlot Violation, and three other charges - Stay of Adjudication on all charges, and no jail.
State vs. L.A. (2010) - Careless Driving - Calvin Johnson Law Firm negotiated a plea to Careless Driving, on a DWI/DUI charge, on the basis that the breath test result was unreliable.
State vs. M.C. (2010) - DWI Reduced- Client pleaded guilty to a reduced charge of Misdemeanor 4th Degree DWI, from a Gross Misdemeanor charge of 3rd Degree DWI. No jail.
State vs. M.G. (2010) - Careless Driving - Calvin Johnson Law Firm negotiated a plea to Careless Driving, on a DWI/DUI charge, on the basis that the breath test result was unreliable
State vs. M.M. (2010) - Disorderly Conduct - Gross Misdemeanor Obstruction of Legal Process, With Force, reduced to a Misdemeanor Disorderly Conduct.
State vs. P.E. (2010) - Possession Charge Reduced to Petty Misdemeanor - Client was charged with Small Amount of Marijuana in a Motor vehicle and at risk of losing his eligibility for Federal Financial Student Aid as a result. Attorney Calvin Johnson negotiated the charge down to a Petty Misdemeanor, Possession of Small Amount (not in a motor vehicle), keeping the charge off of client's driving record, and maintaining the client's eligibility for federal educational loans and grants.
State vs. R.B. (2010) - 2 Days Jail - Client received a sentence of 48 hours on a plea to 2nd Degree DWI.
State vs. R.J. (2010) - Disorderly Conduct - Four Counts of Felony charges of Kidnapping, False Imprisonment, and Domestic Abuse were dismissed. Client pleaded guilty to an amended charge of Disorderly Conduct, a Misdemeanor. No jail.
State vs. R.A. (2010) - DWI Reduced - Client was charged with 3rd Degree DWI, for a first offense with one aggravating factor. Client pleaded guilty to a reduced charge of Misdemeanor DWI because Attorney Calvin Johnson argued that the prosecutor could not use the prior out-of-state DWI conviction to enhance the current charge.
State vs. R.A. (2010) - Charges Dismissed -Criminal charges of Driving After Cancellation and Failure to Stay in Single Lane - Dismissed.
State vs. J.S. (2010) - DWI Dismissed -Client was facing up to 48 months in prison for a Felony DWI charge. Client was accepted into Blue Earth County Drug Court, sentenced to probation, no jail. The vehicle that the State wanted forfeited (as a result of the DWI) was returned to the innocent owner.
State vs. S.D. (2010) - Careless Driving - Client was arrested and charged with 4th Degree DWI, after being stopped and ticketed for failure to fully stop at a stop sign. Attorney Calvin Johnson argued that the prosecution of the DWI charge was prohibited under the Double Jeopardy Clause. The client received a plea to Careless driving.
State vs. S.D. (2010) - Drug Charge Reduced - Client was charged with four Counts: Headlight Out, Illegal Possession of Fireworks, Possession of Drug Paraphernalia, and Possession of Marijuana in a Motor Vehicle. Through further case investigation by Calvin Johnson Law Firm, LLC, it was determined that the arresting officer had no basis issue the charge of Possession of Marijuana "in a Motor Vehicle". The client pleaded to a Petty Misdemeanor charge of "Small Amount" of Marijuana, keeping his driving record clean and preserving his eligibility for future financial student aid.
State vs. T.B. (2010) - Stay of Adjudication- Client was facing five years prison for a Felony Possession of a Controlled Substance, as well as DWI and Driving After Cancellation. It was the client's second lifetime drug related charge. Attorney Calvin Johnson negotiated a Stay of Adjudication of the drug charge. The DAC charge was dismissed. Client served 90 days County Jail.
State vs. V.D. (2010) - Charge Dismissed - No Jail - Client, a Navy Veteran, was charged with DWI and Obstruction of Legal Process. Calvin Johnson negotiated a dismissal of the Obstruction Charge on the basis that the defendant was not actively resisting the officers commands. The defendant was literally unable, due to a medical condition. Client plead to the Gross Misdemeanor DWI charge. No jail.
State vs. W.C. (2010) - Stay of Adjudication - Client received a Stay of Adjudication on a Felony charge of Possession of a Controlled Substance (Not Marijuana) with Intent to Sell.
State vs. W.J. (2010) - Assault Dismissed - Client was charged with 5th Degree Assault and Disorderly Conduct. The Assault charge was dismissed. Client pleaded to a Petty Misdemeanor Disorderly Conduct charge, by mail, and paid a fine.
In Re The Matter of W.M. (2010) - Stay of Adjudication - Client received a Stay of Adjudication, on a Felony Criminal Sexual Conduct charge, with 6 months probation
State vs. H.T. (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. N.M. (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"), receiving a $100 fine.
State vs. T.P. (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.
B.K. vs State of MN (2009) - Expungement Granted - Client received 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. B.A. (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. E.P. (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. G.D. (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. G.K. (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 insufficient observation period before administering the breath test.
State vs. H.M. (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 separate incident). After case investigation, all charges were dismissed by the prosecuting attorney "in the interest of justice."
State vs. H.B. (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. J.B. (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, receiving full driving privileges despite a potential three year driver's license revocation.
State vs. J.W. (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. L.P. (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. M.J. (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. O.T. (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. R.J. (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. S.A. (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. S.T. (2009) - DWI Dismissed - 4th Degree DWI charge dismissed, and driver's license revocation rescinded, on the basis that the police officer lacked articulately 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. W.A. (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. W.D. (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. B.A. (2008) - 3rd Deg Assault - Not Guilty - The Jury found the Defendant not guilty of a 3rd Degree Assault charge at Trial.
State vs. H.G. (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. K.R. (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. M.T. (2008) - Kidnapping Charge Reduced - Client was originally 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. P.J. (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. R.J. (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. W.A. (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. Z.T. (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.