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The Right to Counsel in DUI Cases

In 1991, the Minnesota Supreme Court held that the Minnesota Constitution afforded all persons a right to counsel before submitting to a chemical test administered by a law enforcement officer under Minnesota’s Implied Consent Law.[1]  For drivers arrested on suspicion of driving while impaired, the Implied Consent Law provided law enforcement a powerful tool in coercing drivers to undergo testing: submit to the test or lose your license.  The Minnesota Supreme Court thought these circumstances called for at least the advice of counsel.  In sum, after a law enforcement officer read the implied consent advisory to a driver, that officer...
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Reception for Judge Lucinda Jesson

Monday, October 29, 2018 5:00-7:00 p.m. Hosted By: Farrish Johnson Law Office 1907 Excel Drive, Mankato CO-HOSTS Joseph Bergstrom*         Scott Cutcher Ken White          James Kuettner * People for Judge Jesson Campaign Committee PEOPLE FOR JUDGE JESSON HONORARY COMMITTEE CHAIRS Honorable Kathleen Blatz • Honorable Alan Page • Honorable Edward Toussaint www.judgelucindajesson.com Contributions of any amount gratefully accepted Questions about this event? Call Joseph Bergstrom at 507-829-7971 Maximum contribution in 2018 is $2500 *Contributions are not tax-deductible Contributions from corporations, including LLCs and PCs, are not permitted under law Prepared/ paid for by People...
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Witness to History: 2010

This week in 2010 the first annual Mankato Marathon took place. The Marathon draws thousands of runners and spectators to the city each year. That same year Scott Kelly became an associate member of the American Board of Trial Advocates, a national association dedicated to the preservation and promotion of the civil jury trial right provided by the 7th amendment. Mankato Marathon The first Mankato Marathon was on October 23, 2010 with 2,200 runners, nearly 1,000 volunteers and approximately 8,000 spectators. Planning for this now annual event began in late 2008 with local marathons at the heart of these efforts....
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Introducing Christopher A. DeLong

Christopher will be focusing his practice in the areas of civil litigation, appellate practice, criminal defense, and construction litigation. Prior to joining Farrish Johnson Law Office Christopher was a law clerk for the Honorable Justice G. Barry Anderson of the Minnesota Supreme Court. As a Marine Corps veteran, Christopher is dedicated to providing his clients with the highest quality legal services and determined advocacy on their behalf. Learn more about Christopher here.  If you have questions about a civil litigation matter, an appeal, or criminal defense, call 507-625-2525 to schedule a consult with Christopher.

Changes to Calculation of Child Support in Minnesota

As of August 1, 2018, the method for calculating child support in Minnesota has changed. The goal of the change was to eliminate the perceived child support “cliff” that resulted from the parenting expense adjustment. Under the previous child support laws, which were enacted in 2007, child support was calculated based upon an “income shares” model. Under the “income shares” model, both parents’ gross incomes were added together to create a total parental income for determining child support. Each parent was then supposed to pay a percentage of the total child support obligation based upon his or her percentage of...
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Congratulations to Farrish Johnson Super Lawyers!

Farrish Johnson Law Office is pleased to announce attorneys Scott V. Kelly and William S. Partridge have been named “Super Lawyers” for 2018.  This prestigious award from Super Lawyers, a Thomson Reuters business, recognizes them to be among the top 5% of all lawyers in Minnesota. Scott and Will, trial lawyers practicing in personal injury litigation, business disputes and construction law, have received this distinction every year for the last 18 years! Two “Rising Star” attorneys are also part of the Farrish Johnson team. Daniel J. Bellig and Joseph A. Gangi recently received this designation for 2018. Daniel is a trial...
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Free Legal Checkups Being Offered to Public–KEYC

Southern Minnesota Regional Legal Services, a nonprofit legal aid law firm, has launched once a month free legal checkups at the Open Door Health Center in Mankato. Farrish Johnson attorney Yuri Jelokov is a volunteer attorney for SMRLS. The checkups will occur on the third Monday of each month from 4 to 7 p.m. at Open Door. Others will also be held at Centenary United Methodist church in Mankato during their homeless breakfast hours and at Wellcome Manor in Garden City. Although there may be some same-day availability, those interested are encouraged to schedule appointments in advance by calling SMRLS...
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Law Day 2018

Separation of Powers: Framework for Freedom The U.S. Constitution sets out a system of government with distinct and independent branches—Congress, the Presidency, and a Supreme Court. It also defines legislative, executive, and judicial powers and outlines how they interact. These three separate branches share power, and each branch serves as a check on the power of the others. “Ambition must be made to counteract ambition,” James Madison explained in Federalist 51. Why? Madison believed that the Constitution’s principles of separation of powers and checks and balances preserve political liberty. They provide a framework for freedom. Yet, this framework is not...
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The Standard of Review on Appeal – Explained Through Football!

Most football fans are familiar with the red “challenge flag.” The head coach of a football team keeps a special red flag with him throughout the game. If the head coach disagrees with a call, he will throw the red challenge flag onto the field. The referees then use instant replay to determine whether the ruling on the field will stand as called, or be reversed. But it is not as simple as getting a “second bite” at making the correct call. A decision was made by an official with a unique view of the field, and that call is...
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Estate Tax Changes

There have been substantial changes to the Federal estate tax because of recent action by the US Congress. The major change centers on the doubling of the federal estate tax exemption for estate and gift taxes. For 2018, the estate tax exemption has been increased to $11.2 million. However, this increase expires on December 31, 2026 and absent action by Congress, upon expiration, the federal estate tax exemption in effective for 2017 will be reinstated. The doubling of the estate tax exemption will reduce the number of estates that are required to file a Federal 706 estate tax return. Meanwhile,...
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