Latest Case: State v. Glover (Criminal Law)

American Law’s Worst Moment—2020

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—explains why the police murder of George Floyd was the worst moment of 2020 in American law. Professor Sarat proposes that we remember the event and that date—May 25—as “infamous,” a word reserved for rare and atrocious events like the bombing of Pearl Harbor, in an attempt to capture the brutality and inhumanity of the act.

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State v. Glover

Docket: A19-1656

Opinion Date: December 23, 2020

Judge: Thissen

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the court of appeals concluding that a distress flare launcher might qualify as a firearm under Minn. Stat. 624.713, subd. 1 if used or intended to be used as a weapon, holding that a distress flare launcher is not a firearm under the statute. Defendant was charged with possession of a firearm by an ineligible person for possessing a distress flare launcher. The district court granted Defendant's motion to dismiss, concluding that there was insufficient probable cause to support the charge. The court of appeals reversed, concluding that a distress flare launcher could be a "firearm" under section 624.713, subd. 1 if the fact-finder were to conclude that Defendant used or intended to use it as a weapon. The Supreme Court reversed, holding (1) the term "firearm" is limited to weapons, meaning instruments designed for attack or defense; and (2) accordingly, the distress flare launcher in this case was not a weapon and could not be a firearm under the statute.