Minnesota Lawyer News

SENTENCING - Prior Conviction; Identification

Mon, 22 Mar 2010 15:30:30 CDT

Where the government presented evidence including the name, height, weight, age and tattoos, that identified a defendant as the person named in a prior conviction, the records were sufficient to connect the defendant to the earlier conviction for purposes of sentencing under the Armed Career Criminal Act. Judgment is affirmed.

SENTENCING - Child Pornography; Enhancements

Mon, 22 Mar 2010 15:28:08 CDT

Where a defendant in a child pornography case objected to a four-level enhancement for sadistic or masochistic images because the pornography he produced was not sadistic or violent although he did possess such images, the District Court stated that the ultimate sentence would have been the same without the enhancement so any procedural error was harmless, and the 470-month sentence was not an abuse of discretion, and the court also did not commit procedural error in sentencing defendant’s wife to 360 months. Judgment is affirmed.

Evidence - Jury Instructions

Mon, 22 Mar 2010 11:46:56 CDT

1. The District Court did not commit plain error in its jury instructions regarding relationship evidence and past-pattern-of-domestic-abuse evidence.

A dispute may be in the pipeline between state, Xcel

Mon, 22 Mar 2010 23:00:00 CDT

The Minnesota Office of Pipeline Safety, the state agency investigating a gas explosion that blew up a St. Paul home, is growing frustrated with Xcel Energy and says the company could be doing a better job pulling together documents for the investigation and working to solve the problem that caused the explosion.

ABA sides with law school

Mon, 22 Mar 2010 23:00:00 CDT

In a Supreme Court battle between the right of a law school to enforce rules barring discrimination and students’ First Amendment right to free association, the American Bar Association has taken the side of the law school.

Administrative - Disqualification from Direct Care

Mon, 22 Mar 2010 23:00:00 CDT

Where petitioner was convicted of a felony forgery in 1999 and a felony issuance of a dishonored check in 2004; petitioner sought reconsideration on the grounds that she posed no risk of harm because her work involved caring for her son, who is physically but not mentally impaired, and she would not steal from him; check forgery and issuance of a dishonored check are among felonies that require a fifteen-year disqualification; less than five years had elapsed from the 2004 conviction to the commissioner’s determination; petitioner did not provide evidence of rehabilitation after the offenses; and although petitioner’s employer provided a letter of support, the record does not demonstrate that the employer knew the details of petitioner’s convictions; we conclude that the commissioner properly sustained petitioner’s disqualification from employment as a personal-care attendant providing direct-contact care, but we note that petitioner could seek a variance that would allow her to provide direct care limited only to her son.

APPELLATE PRACTICE - Interlocutory Review; Rule 54(b) Certification; Finality of Judgment

Mon, 22 Mar 2010 23:00:00 CDT

Where an inmate brought a civil rights action against various prison-official defendants and the parties sought interlocutory review, entering a stipulation in which the inmate agreed to dismiss his one remaining claim without prejudice and to reinstate it if he should prevail on appeal of any of the dismissed claims, the parties attempted to “manufacture” appellate jurisdiction and the District Court abused its discretion by certifying the case for appeal without an adequate explanation that there was “no just reason for delay” under Rule 54(b). Appeal is dismissed.

Attorney Discipline - Mitigating and Aggravating Factors

Mon, 22 Mar 2010 23:00:00 CDT

1. The referee’s findings that the attorney’s adjustment disorder, the time elapsed since his last instance of misconduct causing harm to a client, his good reputation in the legal community, the favorable results he achieved for clients in complex matters, and his cooperation with the Director were not mitigating factors were not clearly erroneous.

Bar Buzz - March 22

Mon, 22 Mar 2010 23:00:00 CDT

Is God in charge of the appointment of the next chief justice?

Bill looks at role of pets in domestic abuse

Mon, 22 Mar 2010 23:00:00 CDT

State lawmakers are considering a bill that would extend domestic violence protections to pets.

Capital Gains - Deed in Lieu of Foreclosure

Mon, 22 Mar 2010 23:00:00 CDT