Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Isaacson v. State

United States District Court, D. Minnesota

January 8, 2016

COREY ISAACSON, Petitioner,
v.
STATE OF MINNESOTA; BECKY DOOLY, Warden, Moose Lake Correctional Inst.; LORI SWANSON, Minnesota State Attorney General; and ANTHONY SPECTOR, Meeker County Attorney, Respondents.

          REPORT AND RECOMMENDATION

          JANIE S. MAYERON, United States Magistrate Judge

         The above matter came before the undersigned United States Magistrate Judge upon Petitioner Corey Isaacson's Amended Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus by a Person in State Custody [Docket No. 25]. The matter has been referred to this Court for a Report and Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.1.

         I. FACTUAL BACKGROUND

         On May 10, 2012, Petitioner Corey Isaacson (“Petitioner”) was convicted in Meeker County, Minnesota for felony driving while impaired (“DWI”), felony refusal to submit to chemical testing, driving after revocation of driver's license, and fleeing a peace officer in a motor vehicle. State v. Isaacson, 2013 WL 4710650, at *2 (Minn.Ct.App. Sept. 3, 2013) (“Isaacson I”). The facts underlying Petitioner's convictions, and relevant to the habeas petition, are as follows: In the early morning hours of August 14, 2011, Deputy Sheriff Jeffrey Pedersen observed erratic driving by an SUV, which Deputy Pedersen believed indicated that the driver was either impaired or distracted. Id., at *1. Deputy Pedersen stopped the SUV, and Petitioner exited the vehicle. Id. As Petitioner approached Deputy Pedersen's squad car, Deputy Pedersen observed that he had difficulty maintaining his balance. Id. Deputy Pedersen saw an open can of beer on the console of the SUV, and noticed a very strong odor of alcohol emanating from Petitioner. Id. Deputy Pedersen also observed that Petitioner's eyes were bloodshot and watery, and his speech was occasionally slurred. Id. Based on his observations of Petitioner's driving and conduct, Deputy Pedersen believed that Petitioner was under the influence of alcohol. Id. When Petitioner refused to perform the standardized field sobriety tests requested by Deputy Pedersen, Deputy Pedersen arrested him on probable cause of driving while impaired and transported him to the jail. Id.

         Petitioner was taken to the jail booking interview room, a private room equipped with video recording capabilities. Respondent's Appendix Part I (“Appx. I”), Ex. 1 (Omnibus Order of Meeker County District Court), p. 6 [Docket No. 30-1]. The room contained a desk with a laptop, phone and phonebooks. Id. At the start of the interview, Deputy Pedersen placed a digital tape recorder in the center of the desk between himself and Petitioner. Id., p. 7. Deputy Pedersen then activated the tape recorder and administered the operative Minnesota Implied Consent Advisory to Petitioner.[1] Id.

         The following colloquy took place between Deputy Pedersen and Petitioner:

Deputy: This is a taped implied consent statement taken by Deputy Jeff Pedersen, Badge Number 124.
Petitioner: I refused it.
Deputy: Regarding CFS Number 11008347. This statement will be taken - be taken at the Meeker County Jail booking interview room, Petitioner: (Indiscernible.)
Deputy: On August 14th, 2011 at approximately 0146 hours.
Petitioner: I studied law for years.
Deputy: Corey Christopher Isaacson, I believe you have been - been driving, operating or controlling a motor vehicle in violation of Minnesota's DWI laws. You've been placed under arrest for this offense. Minnesota law - Minnesota law requires you to take a test to determine if you are under - under the influence of alcohol. Refusal to take a test is a crime.
Petitioner: So okay. I refused it. Give me the charge. Take me to my jail cell, whatever.
Deputy: Before making your decision about testing you have the right to consult with an attorney.
Petitioner: (Indiscernible.)
Deputy: If you wish to do - if you wish to do so, a telephone directory will be made available to you. If you are unable to contact an attorney, you must make the decision on your own. You must make your decision within a reasonable period of time.
Petitioner: I have a right to an attorney.
Deputy: If the test if unreasonably delayed or if you refuse to make a decision, you will be considered to have refused the test.
Petitioner: I was confused. I didn't know what to do without an attorney.
Deputy: Do you understand what I've just explained?
Petitioner: No.
Deputy: What don't you understand about it?
Petitioner: Well get an attorney or something.
Deputy: You have time to make a phone call to call an attorney.
Petitioner: Oh, yeah, then they got to take me to my jail cell.
Deputy: So you're not going to call an attorney?
Petitioner: I don't know how.
Deputy: There's a phone right here.
Petitioner: I don't know how to do that.
Deputy: Well we can help you with the phone. Do you have an attorney in mind?
Petitioner: I have no idea.
Deputy: You don't know how to operate a phone?
Petitioner: I just drove across the country from Baltimore over here. I have no idea what you're talking about.
Deputy: Okay. You don't - you understand you're at the Meeker County Jail. Is that correct?
Petitioner: I don't even know where it's at.
Deputy: Okay. Do you understand the first part of the sentence, ah…
Petitioner: No, I don't understand it - (Indiscernible.)
Deputy: You've been placed under arrest for um -
Petitioner: You can't question me after I ask for a lawyer.
Deputy: Okay.
Petitioner: Like I studied law.
Deputy: So I'm going to ask you again.
Petitioner: You got that recorded?
Deputy: It's recorded here. It's on camera.
Petitioner: (Indiscernible.)
Deputy: So I'm going to ask you again, do you wish to consult with an attorney?
Petitioner: You honestly can't question me (Indiscernible) Miranda. Arizona v. Miranda.
Deputy: I understand that. I'm asking right now regarding the implied consent.
Petitioner: (Indiscernible.)
Deputy: Do you want to consult with an attorney?
Petitioner: No, I don't know what you're talkin' about.
Deputy: What don't you understand? I'm trying to explain this to you.
Petitioner: I plead the fifth.
Deputy: Do you understand that refusal to take a test is a crime?
Petitioner: I have no idea what you're talking about.
Deputy: So I'm going to read this again. Christopher, Corey Christopher Isaacson, I believe you have been driving, operating or controlling a motor vehicle in violation of Minnesota's DW - DWI laws. You've been placed under arrest for this offense.
Petitioner: Too tired to understand what you're…
Deputy: You're too tired to understand that? So I'm going to mark no on here that ah, for my talking with you now, Corey, at this time you do not wish to consult with an attorney. Is that correct?
Petitioner: (Indiscernible.)
Deputy: I'm giving you the opportunity to use the phone here to consult with an attorney. I understand you're tired. I under -
Petitioner: I already told you. You can't question me no more, (indiscernible), attorney, under Arizona v. Miranda. Got that recorded? I'm tired.
Deputy: Will you take a breath test?
Petitioner: Take me to my cell.
Deputy: So you will not take a breath or urine test.
Petitioner: I ain't doing nothing, (indiscernible) an attorney.
Deputy: I gave you the opportunity to do that now.
Petitioner: It don't matter. (Indiscernible.)
Deputy: What's that? I - I'm giving you that opportunity now.
Petitioner: (Indiscernible.)
Deputy: Okay. I'm giving you that opportunity again.
I'm reminding you -
Petitioner: (Indiscernible.)
Deputy: Under the Implied Consent statute -
Petitioner: I have no idea what you're talkin' about.
Deputy: Before making your decision about testing, you have the right to consult with an attorney.
Petitioner: (Indiscernible.)
Deputy: If you wish to do so, a telephone and directory will be made available to you. If you are unable to contact an attorney, you must make your decision on your own. You must make your decision within a reasonable amount of time.
Petitioner: You're trying to (indiscernible) me of things (indiscernible.) I just ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.