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Criminal Law—The Restraint Of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’S Misguided Analysis In State V. Colvin, Marc M. Schifalacqua

William Mitchell Law Review

This case note explores the history of protective orders both around the country and in Minnesota. It analyzes the law of burglary and its recent interaction with OFP violations in Minnesota, and then summarizes the Colvin case's facts, procedural history, and Minnesota Supreme Court decision. Subsequently, this note criticizes the court's decision amid its apparent misapplication of the trial court record and relevant law. Finally, the note analyzes Colorado's approach to the issue of whether an OFP violation can satisfy the predicate crime requirement of burglary.