Opinion
A22-0426
01-31-2024
State of Minnesota v. Brian Michael Garner
ORDER ON PETITION FOR FURTHER REVIEW; Issue Granted: The State alleged that petitioner was driving with methamphetamine in his system. Petitioner told his attorney that the only Schedule I or II controlled substance in his system was Vyvanse, an amphetamine commonly prescribed to treat ADHD. Lab-test results confirmed that petitioner did not have methamphetamine but did have a therapeutically appropriate amount of amphetamine in his system. It is not a crime to drive with a prescribed Schedule II controlled substance in one's system. Nonetheless, counsel did not investigate this readily available complete defense and instead encouraged petitioner to plead guilty to the most serious charge. Was counsel's failure to investigate prejudicially ineffective assistance of counsel?
Granted