Court of Appeals

Chemical Testing

Driving while Impaired

Chemical Testing
on May 9, 2008 03:45 PM CDT

Where an officer who responded to a call about a car off the road found defendant still with the car; defendant admitted to driving the car and drinking before he drove; and the officer observed...
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Commitment

Mentally Ill and Dangerous

Mentally Ill and Dangerous
on May 2, 2008 11:07 AM CDT

Where the proposed patient concedes that he is mentally ill; in Nov. 2006, the proposed patient hijacked a bus and assaulted and kidnapped the bus driver; and the patient has a pattern of becoming...
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http://www.mncourts.gov/opinions/coa/current/opa07

Contracts

Purchase Agreement
on May 9, 2008 02:26 PM CDT

Where the real estate purchase agreement provided that if buyer “fail[ed] to consummate the transaction” for any reason except seller’s default, seller would be entitled to cancel...
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Out-of-Home Placement

Juvenile

Out-of-Home Placement
on May 9, 2008 04:18 PM CDT

Where the juvenile was adjudicated delinquent on one count of possession of a dangerous weapon on school property and one count of underage possession of a pistol, both felonies; the gun discharged...
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Published Civil Opinions

Administrative

Medical Assistance
on May 9, 2008 11:35 AM CDT

1. A recipient of Retired, Survivors, and Disability Insurance (RSDI), of which Social Security Disability Insurance (SSDI) is a subset, as a result of a catastrophic injury occurring in a federal...
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Insurance

Title; Bankruptcy Preference Action
on May 9, 2008 11:36 AM CDT

1. Unless claims are asserted that threaten the marketability of title or other risks specified in the policy, title insurance does not cover monetary losses incurred by the insured arising out of...
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Mechanics’ Lien

Abandonment of Project
on May 2, 2008 11:01 AM CDT

In a lien-enforcement action to determine whether a mechanics’ lien relates back to the start of a construction project or terminates because of abandonment of that project, the intent to...
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Public Nuisance

Episodic Incidents
on May 9, 2008 11:41 AM CDT

1. A District Court may not issue a permanent injunction to abate a public nuisance pursuant to Minn. Stat. sec. 617.83 (2006) unless the public nuisance exists at the time of the hearing on...
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Public Utilities

Natural Gas Costs; Variance
on May 9, 2008 11:43 AM CDT

An administrative agency’s decision in an adjudicative proceeding is arbitrary and capricious if the agency fails to consistently apply the principles that it developed and applied in previous...
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Published Criminal Opinions

Sentencing

‘Blakely’; Out-of-State Convictions
on May 9, 2008 03:23 PM CDT

The District Court did not violate defendant’s right to a jury trial under Blakely v. Washington by determining that defendant’s out-of-state convictions were felonies under Minnesota...
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Unpublished Civil Opinions

Administrative

Deviation from ALJ’s Findings
on May 2, 2008 11:03 AM CDT

Even though the commissioner is free to deviate from the findings and conclusions of the ALJ, we reverse the determination that a child care center is culpable of two instances of maltreatment of a...
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Civil Procedure

Continuance of Trial
on May 9, 2008 11:46 AM CDT

Where the District Court continued the trial once on defendant’s motion; at the rescheduled trial, defendant again sought a continuance; defendant had not conducted any discovery since his...
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Reopening Default Judgment
on May 9, 2008 11:49 AM CDT

Where plaintiff obtained a default judgment against a limited partnership as a garnishee; the amount of the judgment exceeded the amount permitted by statute (110% of the amount claimed in the...
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Reopening Judgment
on May 9, 2008 11:48 AM CDT

Where son moved for relief from a judgment against him in favor of his father on the ground that a mortgage owed on the property that the trial court divided between them was not considered in the...
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Waiver of Jury Trial
on May 9, 2008 12:02 PM CDT

Where a jury previously found that a self-storage company had violated the Minnesota Liens on Personal Property in Self-Storage Act; and on appeal, this court remanded for the District Court to...
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Commercial Law

Corporate Check
on May 9, 2008 12:05 PM CDT

Where checks issued by a corporation were printed with the corporation’s name and address and were signed by the corporation’s CEO, we conclude that the District Court did not err in...
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Commitment

Developmentally Disabled; SDP and SPP
on May 9, 2008 02:21 PM CDT

Where one of two doctors testified that the proposed patient may have exhibited sufficiently subaverage intellectual functioning and adaptive skills to qualify for commitment as a developmentally...
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Construction Law

Oral Modifications to Contract
on May 9, 2008 02:23 PM CDT

Where the parties entered into a fixed-price contract for a home remodeling project; the contract required alterations involving extra cost to be executed only upon written change orders; and the...
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Contracts

Consideration
on May 9, 2008 02:24 PM CDT

Where the buyer agreed to purchase a home contingent upon the seller’s completion of a number of repairs and upgrades by a specified date; the parties later signed a revised purchase agreement...
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Waiver of Provision
on May 2, 2008 11:08 AM CDT

Where the buyer executed a contract for deed for 13 apartment buildings; the contract contained a contingency clause requiring the seller to provide certain documents within 10 days and allowing the...
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Domestic Relations

Child Custody Modification
on May 2, 2008 11:10 AM CDT

Where the parent’s agreement, which the District Court adopted in an order, provided for shared legal custody and mother’s sole physical custody while she finished a degree in North...
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Child Support Modification
on May 2, 2008 11:31 AM CDT

Where father moved for a reduction in his child support obligation based on a downturn in income from the mortgage business; mother argued that father is manipulating his income, has not reduced his...
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Child Support; Sub-Guideline
on May 2, 2008 11:26 AM CDT

Even though the District Court found that father’s current living expenses cover father, his fiancée, her child, and one subsequent child, we conclude that the District Court erred in...
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Debt Deemed Extramarital
on May 9, 2008 02:28 PM CDT

Where this court remanded this case after concluding that the District Court had erroneously determined that a debt to an attorney was unenforceable based on the statute of limitations; and on...
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Maintenance
on May 9, 2008 02:29 PM CDT

Where the parties were married for 15 years; wife has a health condition that limits her ability to work; the District Court’s findings adequately address the parties’ individual...
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Parenting Time
on May 9, 2008 02:30 PM CDT

Where the District Court increased father’s parenting time by one day per month and declined to award additional days because the child stays with father in a hotel room during father’s...
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Property; Decree Interpreted
on May 9, 2008 02:32 PM CDT

Where the decree required wife to either sell or refinance the marital home and divide the proceeds equally with husband; six months later, the District Court found that refinancing was not a...
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Subject-Matter Jurisdiction
on May 9, 2008 02:34 PM CDT

Even though the District Court ordered temporary spousal maintenance which the obligor failed to pay, and when the court issued the dissolution decree, the court failed to grant the obligee’s...
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Drainage Ditch

Discretionary Authority
on May 9, 2008 02:35 PM CDT

Where petitioners sought a writ of mandamus directing the county to carry out a 2001 repair order providing for the removal of beaver dams from a ditch, we conclude that given the discretion vested...
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Driver’s License Revocation

Probable Cause for Arrest
on May 9, 2008 02:37 PM CDT

Where an officer went to the driver’s home about one hour after the driver reported that he had been involved in an accident; the officer testified that the driver appeared intoxicated, he...
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Right to Counsel
on May 9, 2008 02:42 PM CDT

Where the arrestee was given access to a telephone and two telephone books for 20 minutes; and during that time, the arrestee paged through the telephone books but did not place a telephone call or...
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Egregious Harm

Egregious Harm
on May 9, 2008 03:12 PM CDT

Even though the record supports the District Court’s finding of egregious harm to an infant while he was in his parents’ care because the infant suffered a skull fracture and six...
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Evidence

Expert Not Qualified
on May 2, 2008 11:32 AM CDT

Where the contracting license of plaintiffs’ expert witness was revoked in 2001 following numerous complaints filed about him with the Department of Commerce; and the expert had recently been...
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Insurance

Homeowners; Auto Accident
on May 9, 2008 02:44 PM CDT

Where the insured under a homeowners policy seeks recovery for damages arising out of an accident that occurred when another person was driving the insured’s auto; and the auto allegedly had...
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Judiciary

Alleged Bias
on May 2, 2008 11:34 AM CDT

Where the trial court failed to disclose an instruction to counsel before giving the instruction to the jury and then commented on the quality of plaintiff’s counsel’s objection in the...
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Permit to Carry Pistol

Prior Criminal Charge
on May 9, 2008 02:56 PM CDT

Where the Ramsey County sheriff’s office denied the applicant’s 2004 application for a permit to carry a pistol based in part on the applicant’s 2003 arrest in Chisago County for...
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Public Law

Demographer’s Population Estimate
on May 9, 2008 02:58 PM CDT

Where the Office of the State Demographer issued its annual population estate for a city, putting the city’s population below 5,000; the city undertook a population study and found its...
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Tree Removal Without Notice
on May 9, 2008 02:59 PM CDT

Where the trees that a township removed were within the township’s right-of-way for a road, but the township failed to provide notice and an opportunity to be heard to the owner of abutting...
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Real Property

Adverse Possession
on May 9, 2008 03:01 PM CDT

Where, from 1950 to 2001, the disputed area was used, maintained, and incorporated by a fence into the yard of respondent’s lot, as well as used and maintained by the occupants of...
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Municipal Right-of-Way
on May 2, 2008 11:38 AM CDT

Where the owner of a house in the vicinity of Medicine Lake maintained a dock on the lakeshore that had been used by his predecessor; the city notified the landowner that the dock had to be removed;...
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Relocation Benefits

Direct-Loss Benefits
on May 9, 2008 03:10 PM CDT

Where the owner sought compensation for the inventory of his used-auto-parts business, relying on an evaluation conducted by an accountant; and the redevelopment authority’s expert testified...
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Termination of Parental Rights

Egregious Harm
on May 2, 2008 11:40 AM CDT

Where mother kidnapped two minor girls, solicited the girls to engage in prostitution, and physically and sexually abused the girls; both girls lived in mother’s household against their will...
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Torts

Misrepresentation; Sale of Business
on May 2, 2008 11:44 AM CDT

Where the seller of a coffee shop stated in a “confidential business profile” that the shop “has exclusive rights to sell coffee for the entire commercial development”; and...
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Sexual Abuse
on May 2, 2008 11:45 AM CDT

Where plaintiff alleges that she was sexually abused by a nun from 1964 to 1967, beginning when plaintiff was six years old; plaintiff claims that she recovered her memories of the abuse in 1989;...
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Unemployment Benefits

Aggravated Misconduct
on May 2, 2008 11:47 AM CDT

Where claimant, the general manager of a hotel, was required to prepare daily bank deposits; claimant was discharged after she changed her practice to make bank deposits periodically, rather than...
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Misconduct
on May 2, 2008 11:48 AM CDT

Where claimant’s work required frequent trips to Texas; claimant found a friend to travel with her and her infant daughter to Texas and claimed reimbursement for the friend’s roundtrip...
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Misconduct
on May 2, 2008 11:50 AM CDT

Where claimant was on vacation when the employer posted her assignment to two weekend shifts; claimant was aware that she might be scheduled for the weekend shifts but made no effort to determine...
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Misconduct
on May 2, 2008 11:52 AM CDT

Where claimant was informed of the employer’s nonfraternization policy when she was promoted to a management position; and claimant carried on a relationship with another employee for seven...
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Misconduct
on May 2, 2008 11:53 AM CDT

Where claimant, a junior- and senior-high mathematics teacher, used a computer at school to view pornography, including during classes; claimant had signed the school district’s technology...
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Misconduct
on May 9, 2008 03:15 PM CDT

Where the ULJ found that claimant’s testimony was less credible than that of his direct supervisor because claimant’s testimony varied during the course of the hearing regarding the...
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Misconduct
on May 9, 2008 03:16 PM CDT

Where claimant hid certain backlogged documents in his desk drawers, and each month when his supervisors asked about backlogs, he represented that there were none; the employer charged its customers...
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Voluntary Quit
on May 9, 2008 03:18 PM CDT

Where claimant’s supervisor gave him a warning for tardiness and performance concerns; shortly thereafter, claimant completed a “Voluntary Separation Checklist For Employee,”...
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Voluntary Quit
on May 9, 2008 03:19 PM CDT

Where the employer’s testimony that claimant had quit was corroborated by claimant’s testimony that she was dissatisfied with her job and had informed the company president that she...
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Voluntary Quit
on May 2, 2008 11:54 AM CDT

Where claimant’s supervisor confronted claimant about lengthy work-time conversations with visitors to the cafeteria where claimant worked as a cook; claimant, who is African American,...
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Weekly Benefit Amount
on May 9, 2008 03:21 PM CDT

Where the department calculated claimant’s weekly benefit based on wages paid him in the second quarter of 2005; and claimant asserts that the wage credits the department used to calculate his...
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Unpublished Criminal Opinions

Burglary

Accomplice Testimony Corroborated
on May 9, 2008 03:25 PM CDT

Where defendant admitted that she took her mother’s car without permission, drove two accomplices to the victims’ house at 2:00 a.m., and saw the accomplices go to the back of the house...
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Banking Business
on May 9, 2008 03:26 PM CDT

Where defendant stole approximately $20,000 in Canadian currency and $24,000 in American dollars from a store situated near the Canadian border; defendant was tried for second-degree burglary of a...
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Constitutional Law

Conditional-Release Term
on May 2, 2008 11:56 AM CDT

Where defendant pleaded guilty to first-degree DWI; the District Court sentenced defendant to 51 months; and after receiving a letter from the Department of Corrections, the District Court issued an...
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Equal Protection
on May 9, 2008 03:28 PM CDT

Where defendant was convicted of third-degree controlled substance crime for the sale of cocaine; and defendant argues that her conviction violated equal protection because the sale of cocaine is...
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Criminal Procedure

Adding Aiding-and-Abetting Charge
on May 9, 2008 03:29 PM CDT

Where defendant was tried for attempted murder, first-degree assault, and aiding and abetting three crimes—burglary, attempted aggravated robbery, and second-degree assault; and during...
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Discovery Violation
on May 2, 2008 12:01 PM CDT

Where, shortly after a stabbing, police obtained the victims’ signatures on medical-information-release forms; and the state disclosed the victims’ medical records from the day of the...
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Prosecutorial Vindictiveness
on May 2, 2008 12:03 PM CDT

Where defendant moved to dismiss the three most serious of six controlled substance charges after a BCA report revealed that the weights of the marijuana plants were inadequate to support those...
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Waiver of Jury Trial
on May 9, 2008 03:31 PM CDT

Where defendant waived his right to a jury trial personally and in open court; his hand-printed petition to proceed pro se recited his understanding of that right; and defendant had ample...
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Criminal Sexual Conduct

Mistake-of-Age Defense
on May 9, 2008 03:44 PM CDT

Where defendant, who was 19 years old at the time of the offense, was charged with third-degree criminal sexual conduct for having consensual sex with a 13-year-old girl;  defendant raised the...
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Defense of Self

Insufficient Evidence
on May 2, 2008 12:10 PM CDT

Where defendant approached a group outside a bar and came toward the victim “like he was going to fight”; the victim punched defendant once in his face and then walked away; and...
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Driving while Impaired

Grounds for PBT
on May 2, 2008 12:11 PM CDT

Where defendant was stopped for an equipment violation; the officer observed that defendant’s eyes were bloodshot, there were empty beer cans in the bed of the truck, defendant avoided...
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Right to Counsel
on May 2, 2008 12:12 PM CDT

Where defendant was taken into custody by Officer Clennon at 12:30 a.m. because he was driving with a license that had been cancelled as inimical to public safety; later that day, a urinalysis...
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Drugs

Insufficient Evidence
on May 2, 2008 12:14 PM CDT

Even though defendant directed Thibodeau to a friend’s trailer home, where Thibodeau extracted methamphetamine from the ingredients found in Thibodeau’s van, and defendant carried some...
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Evidence

‘Spreigl’
on May 9, 2008 03:47 PM CDT

Where defendant was charged with second-degree intentional murder based on evidence that he shot a man through his kitchen window at 11 p.m.; defendant pleaded guilty to the murder of a woman who...
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Instruction re: ‘Spreigl’ Evidence
on May 2, 2008 12:16 PM CDT

Even though the District Court erred by refusing to grant defendant’s request that the jury be instructed about how the Spreigl evidence against him could be used, we conclude that the error...
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Sexually-Transmitted Virus
on May 9, 2008 03:46 PM CDT

Where, during direct examination, a nurse who had performed an examination of the 13-year-old victim testified that the victim tested positive for a virus contracted solely through sexual...
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Subsequent Bad Act
on May 9, 2008 03:49 PM CDT

Where defendant was found in possession of a stolen vehicle; at his trial for receiving stolen property, the state introduced evidence that defendant was arrested for driving a stolen vehicle less...
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Interference with 911 Call

Sufficient Evidence
on May 2, 2008 12:17 PM CDT


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Interrogation

Juvenile; Noncustodial
on May 9, 2008 04:17 PM CDT

Where the juvenile, a 15-year-old student, walked unescorted to the principal’s office after receiving a note telling him to see the in-school police officer; the officer, who was not wearing...
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Waiver of ‘Miranda’ Rights
on May 2, 2008 12:23 PM CDT

Where defendant invoked his right to silence; and the District Court found, after reviewing a videotape of the interview, that the officer responded by telling defendant to sit down and be quiet,...
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Juries

Jury Pool
on May 2, 2008 12:25 PM CDT

Even though the county jury commissioner acknowledged that she did not comply with the review/report requirement of Minn. R. Gen. Pract. 806(e), we conclude that the District Court did not err by...
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Juvenile

Adult Certification
on May 9, 2008 04:15 PM CDT

Where the 17-year-old juvenile was charged with first-degree aggravated robbery and attempted first-degree criminal sexual conduct after he allegedly cornered, detained, and robbed a woman and then...
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Plea

‘Alford’ Plea Reversed
on May 9, 2008 04:20 PM CDT

Even though the District Court addressed whether defendant believed that there was sufficient evidence to convict him notwithstanding his claim of innocence, we conclude that the procedure followed...
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‘Alford’ Plea; Factual Basis
on May 9, 2008 04:21 PM CDT

Even though defendant agreed that the expected evidence would be sufficient for a jury to convict him of first-degree criminal sexual conduct, we conclude that the District Court erred by accepting...
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Withdrawal Permitted
on May 2, 2008 12:30 PM CDT

Where, while a charge of fourth-degree controlled substance crime was pending against defendant, defendant was charged with fifth-degree possession of methamphetamine arising out of a separate...
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Postconviction Relief

Language Translation
on May 9, 2008 04:22 PM CDT

Where petitioner had a Hmong interpreter at his 1994 murder trial; the interpreter, a native speaker of Hmong who has a degree in English literature, testified at the evidentiary hearing that...
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Right to Counsel
on May 2, 2008 12:32 PM CDT

Even though defendant did not request that a lawyer be appointed to represent him on his petition for postconviction relief, we conclude that defendant was denied his right to counsel where...
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Probation Revocation

EJJ; Need for Confinement
on May 9, 2008 04:24 PM CDT

Where, at the age of 17, the probationer pleaded guilty to first-degree criminal sexual conduct, was designated an extended jurisdiction juvenile and received a stayed adult sentence of 144 months...
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Search and Seizure

Hot Pursuit Exception
on May 9, 2008 04:25 PM CDT

Where an officer observed a vehicle speeding; the officer activated her squad car’s flashing lights and drove directly behind the vehicle, following it for approximately one-half mile before...
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Vehicle Search
on May 9, 2008 04:28 PM CDT

Where officers saw defendant in the company of a known gang member at a gas station where the officers knew drug dealing commonly occurred, gang activity was increasing, and, according to a...
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Sentencing

Consecutive
on May 2, 2008 12:34 PM CDT

Where defendant does not dispute his status as a career offender; defendant committed new offenses while on supervised release from prison on a separate felony conviction; and the District Court...
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Downward Dispositional Departure
on May 2, 2008 12:36 PM CDT

Where defendant’s plea agreement permitted him to enter an Alford plea to unlawful possession of a firearm and to argue for a downward dispositional departure; and neither side presented any...
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Theft by Swindle

Instruction re: Motive
on May 2, 2008 12:37 PM CDT

Where defendant, who worked as a bank teller, cashed four money orders totaling $3,899.71 for her boyfriend over a two week period; and defendant’s defense was that she lacked any criminal...
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Sufficient Evidence
on May 9, 2008 04:30 PM CDT

Where defendant, who worked for a heating, ventilation, and air-conditioning company, made unauthorized purchases on the company account, including tools and two furnaces for his personal customers;...
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EIGHTH U.S. CIRCUIT COURT OF APPEALS

CONSTITUTIONAL

School District Merger; Right to Vote; Standing
on May 2, 2008 12:40 PM CDT

Where Nebraska voters challenged legislation providing for the merger of school districts, plaintiffs’ due process claims must be dismissed for lack of standing, and the District Court...
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Student Financial Aid; Eligibility; Illegal Drug Restriction
on May 2, 2008 12:42 PM CDT

Where students challenged a ban on eligibility for federal financial aid for students convicted of possession or distribution of drugs, the District Court properly dismissed the students’...
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IMMIGRATION

Removal Proceedings; Motion to Reopen; Changed Conditions
on May 2, 2008 12:44 PM CDT

Where a native of China did not make an adequate showing of specific evidence of changed conditions relating to China’s one-child policy that was both material and not available when he made...
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SENTENCING

Reduction; Crack Cocaine
on May 2, 2008 12:52 PM CDT

Where a defendant pleaded guilty to possessing with intent to distribute more than five grams of crack cocaine, the defendant was eligible for a reduction of sentence under Section 3582(c)(2), and...
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Reduction; Crack Cocaine
on May 2, 2008 12:53 PM CDT

Where application of the new drug quantity guidelines to a defendant’s case resulted in a sentencing range of 120 to 121 months, the defendant was not entitled to a reduction of his 120-month...
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CIVIL OPINIONS

CIVIL PROCEDURE

Appellate Practice; Rule 50(b)
on May 9, 2008 04:35 PM CDT

Where a defendant in a civil case filed a Rule 50(b) motion for an extension of time to file a post-judgment motion for judgment as a matter of law outside of the 10-day period following entry of...
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CRIMINAL OPINIONS

EVIDENCE

Prior Crimes; Defendant’s Stipulation
on May 2, 2008 12:46 PM CDT

Where a defendant convicted of possession with intent to distribute heroin objected to the admission of evidence of his prior crimes, the holding in Old Chief v. U.S., that the prosecution must...
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Prior Sexual Misconduct
on May 2, 2008 12:48 PM CDT

Where a defendant convicted of abusive sexual contact objected to the admission of testimony from a woman who alleged that the defendant had raped her years earlier, the District Court did not abuse...
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SENTENCING

Presumption of Reasonableness
on May 2, 2008 12:51 PM CDT

Where the District Court applied a presumption of reasonableness to the sentencing guidelines in a methamphetamine case, the court erred so the sentence is vacated. Vacated; remanded.
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Supreme Court

Criminal Procedure

New Trial; Interests of Justice
on May 2, 2008 10:36 AM CDT

Where defendant was convicted of first- and second-degree criminal sexual conduct with a four-year-old girl; and defendant moved for a new trial in the interests of justice on the grounds that the...
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Postconviction Relief

Procedural Bar
on May 9, 2008 11:32 AM CDT

The District Court did not err in summarily denying the petition for postconviction relief because the claims are barred by Knaffla. Affirmed.
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Orders

Cameras in Courtroom

Cameras in Courtroom
on May 2, 2008 10:37 AM CDT

A hearing will be held on July 1, 2008 to consider the report and recommendations of the Supreme Court Advisory Committee on the General Rules of Practice concerning cameras in the...
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Court Administration

Rules of the Board on Judicial Standards
on May 2, 2008 10:49 AM CDT

A hearing will be held on July 9, 2008 to consider the report by the Supreme Court Advisory Committee on the Rules of the Board on Judicial Standards, recommending amendments to the rules. Any...
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Workers’ Compensation

Workers’ Compensation
on May 2, 2008 10:52 AM CDT

The decision is affirmed without opinion.
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Tax Court

Property

Subsidized Senior Housing
on May 2, 2008 12:39 PM CDT

Where the property, located on .77 acres of land, is improved with a 66-unit senior apartment building, which is a Section 8 subsidized project and is in good condition; and although the building...
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