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Court of AppealsChemical TestingDriving while ImpairedChemical Testingon 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... Click for more CommitmentMentally Ill and DangerousMentally Ill and Dangerouson 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... Click for more http://www.mncourts.gov/opinions/coa/current/opa07ContractsPurchase Agreementon 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... Click for more Out-of-Home PlacementJuvenileOut-of-Home Placementon 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... Click for more Published Civil OpinionsAdministrativeMedical Assistanceon 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... Click for more InsuranceTitle; Bankruptcy Preference Actionon 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... Click for more Mechanics’ LienAbandonment of Projecton 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... Click for more Public NuisanceEpisodic Incidentson 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... Click for more Public UtilitiesNatural Gas Costs; Varianceon 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... Click for more Published Criminal OpinionsSentencing‘Blakely’; Out-of-State Convictionson 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... Click for more Unpublished Civil OpinionsAdministrativeDeviation from ALJ’s Findingson 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... Click for more Civil ProcedureContinuance of Trialon 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... Click for more 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... Click for more 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... Click for more 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... Click for more Commercial LawCorporate Checkon 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... Click for more CommitmentDevelopmentally Disabled; SDP and SPPon 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... Click for more Construction LawOral Modifications to Contracton 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... Click for more ContractsConsiderationon 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... Click for more 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... Click for more Domestic RelationsChild Custody Modificationon 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more Drainage DitchDiscretionary Authorityon 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... Click for more Driver’s License RevocationProbable Cause for Arreston 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... Click for more 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... Click for more Egregious HarmEgregious Harmon 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... Click for more EvidenceExpert Not Qualifiedon 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... Click for more InsuranceHomeowners; Auto Accidenton 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... Click for more JudiciaryAlleged Biason 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... Click for more Permit to Carry PistolPrior Criminal Chargeon 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... Click for more Public LawDemographer’s Population Estimateon 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... Click for more 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... Click for more Real PropertyAdverse Possessionon 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... Click for more 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;... Click for more Relocation BenefitsDirect-Loss Benefitson 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... Click for more Termination of Parental RightsEgregious Harmon 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... Click for more TortsMisrepresentation; Sale of Businesson 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... Click for more 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;... Click for more Unemployment BenefitsAggravated Misconducton 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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,”... Click for more 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... Click for more 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,... Click for more 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... Click for more Unpublished Criminal OpinionsBurglaryAccomplice Testimony Corroboratedon 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... Click for more 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... Click for more Constitutional LawConditional-Release Termon 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... Click for more 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... Click for more Criminal ProcedureAdding Aiding-and-Abetting Chargeon 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... Click for more 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... Click for more 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... Click for more 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... Click for more Criminal Sexual ConductMistake-of-Age Defenseon 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... Click for more Defense of SelfInsufficient Evidenceon 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... Click for more Driving while ImpairedGrounds for PBTon 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... Click for more 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... Click for more DrugsInsufficient Evidenceon 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... Click for more 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... Click for more 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... Click for more 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... Click for more 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... Click for more Interference with 911 CallSufficient Evidenceon May 2, 2008 12:17 PM CDT Click for more InterrogationJuvenile; Noncustodialon 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... Click for more 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,... Click for more JuriesJury Poolon 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... Click for more JuvenileAdult Certificationon 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... Click for more Plea‘Alford’ Plea Reversedon 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... Click for more 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... Click for more 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... Click for more Postconviction ReliefLanguage Translationon 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... Click for more 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... Click for more Probation RevocationEJJ; Need for Confinementon 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... Click for more Search and SeizureHot Pursuit Exceptionon 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... Click for more 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... Click for more SentencingConsecutiveon 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... Click for more 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... Click for more Theft by SwindleInstruction re: Motiveon 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... Click for more 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;... Click for more EIGHTH U.S. CIRCUIT COURT OF APPEALSCONSTITUTIONALSchool District Merger; Right to Vote; Standingon 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... Click for more 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’... Click for more IMMIGRATIONRemoval Proceedings; Motion to Reopen; Changed Conditionson 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... Click for more SENTENCINGReduction; Crack Cocaineon 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... Click for more 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... Click for more CIVIL OPINIONSCIVIL PROCEDUREAppellate 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... Click for more CRIMINAL OPINIONSEVIDENCEPrior Crimes; Defendant’s Stipulationon 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... Click for more 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... Click for more SENTENCINGPresumption of Reasonablenesson 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. Click for more Supreme CourtCriminal ProcedureNew Trial; Interests of Justiceon 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... Click for more Postconviction ReliefProcedural Baron 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. Click for more OrdersCameras in CourtroomCameras in Courtroomon 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... Click for more Court AdministrationRules of the Board on Judicial Standardson 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... Click for more Workers’ CompensationWorkers’ Compensationon May 2, 2008 10:52 AM CDT The decision is affirmed without opinion. Click for more Tax CourtPropertySubsidized Senior Housingon 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... Click for more |
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