Search > Recent Decisions from Minnesota
Recent Decisions from Minnesota RSS
Showing 1 to 20 of 300 results 
Decision Date

November 13, 2008
In this appeal, Jon Earl Quick challenges the postconviction court's denial of his second petition for postconviction relief. In the petition, Quick claims that: (1) he received ineffective assistance of trial counsel; (2) this court erred on direct appeal by using the wrong standard to affirm the exclusion of three defense witnesses; (3) he was incompetent to stand trial; (4) new evidence that the crime scene team leader was recently convicted of a controlled substance crime requires an...  
November 10, 2008
Appellant challenges his conviction of possession of a firearm by an ineligible person, arguing that the district court (1) erred by not giving an accomplice-testimony jury instruction, and (2) abused its discretion by ruling that the state could impeach him with his prior felony convictions if he testified. We affirm... FACTS... On October 3, 2006, James Newburgh and Jeffrey Erickson went to A.I.'s residence to confront him about a firearm that he had stolen from Erickson. Erickson and...  
November 10, 2008
Relator challenges the decision of an unemployment-law judge (ULJ) that she is disqualified from receiving unemployment benefits because she engaged in employment misconduct. We affirm... DECISION... Relator Beth A. Tappan applied for unemployment benefits and established a benefit account after her discharge from her employer, respondent Empo Corporation. A Department of Employment and Economic Development (DEED) adjudicator initially determined that relator was discharged for employment...  
November 10, 2008
In this postconviction appeal seeking relief from his second-degree criminal sexual conduct conviction and sentence, appellant argues that (1) the district court erred in denying his petition to modify his ten-year conditional release term or, alternatively, to withdraw his guilty plea because the inclusion of the conditional release term in appellant's sentence breached his plea agreement; and (2) the district court erred in denying his petition to withdraw his guilty plea because the...  
November 10, 2008
Appellant challenges his 288-month executed sentence for first-degree criminal sexual conduct and the district court's imposition of a consecutive sentence for use of a minor in a sexual performance. Because the district court properly based its upward sentencing departure on a jury finding that appellant engaged in multiple forms of sexual penetration and because the consecutive sentencing was permissive, we affirm... FACTS... This case is before us after remand to the district court for...  
November 10, 2008
On appeal from the district court's order summarily denying his petition for postconviction relief, appellant Charles Vickers argues that the court erroneously failed to address his ineffective-assistance-of-trial-counsel claim because appellant did not raise it on direct appeal. Because his claim is procedurally barred by the Knaffla rule, he has failed to establish that the claim meets one of the Knaffla exceptions, and his claim of ineffective assistance of appellate counsel has no merit, we...  
November 10, 2008
Appellant challenges the district court's order summarily denying his postconviction petition, which requested withdrawal of appellant's guilty plea. He argues that because his plea was neither voluntary nor intelligent, the district court abused its discretion by not allowing appellant to withdraw his plea. Appellant also challenges the district court's order denying his motion for correction of sentence, which requested modification of the Minnesota Offense Code designation on appellant's...  
November 10, 2008
Relator licenseholder appeals the Minneapolis City Council's decision to revoke his tobacco-dealer's license following three illegal tobacco sales to minors. Because the... ... ... council (1) did not exceed its authority or jurisdiction, (2) had substantial evidence to support a departure from the presumptive penalty prescribed by ordinance, and (3) did not act arbitrarily and capriciously, the council did not err in revoking relator's tobacco-dealer's license. We affirm... FACTS... Relator...  
November 10, 2008
Appellant challenges the district court's determination that respondent's claim for an unpaid bonus was not barred by the statute of limitations, arguing that Minn. Stat. § 541.17(5) (2006) prohibited the district court from finding that certain oral statements were sufficient to toll and restart the limitations period. We reverse and remand... FACTS... Appellant Jundt Associates, Inc. (JAI) is a privately owned investment firm located in Minnetonka. In August 1999, JAI hired respondent...  
November 10, 2008
On appeal from the grant of summary judgment in favor of respondents real-estate company, agent, and title-insurance company, appellants argue that genuine issues of material fact exist as to whether (1) the real-estate company and agent negligently misrepresented information about the property appellants purchased, and (2) the title-insurance company was in breach of contract by failing to indemnify and defend them on title issues. We affirm... FACTS... In 1997, respondents George G. Stahley...  
November 10, 2008
In this appeal from the district court's denial of his petition for postconviction relief, appellant challenges the sentencing court's adoption of the prosecutor's stated reasons for an upward durational departure and its imposition of a sentence more than double the presumptive sentence under the guidelines. He also asks us to apply Apprendi and Blakely retroactively. We affirm... FACTS... In July 1998, appellant Solomon Bryan Keith Denham pleaded guilty to two counts of first-degree criminal...  
November 10, 2008
This certiorari appeal is from a decision of an unemployment-law judge (ULJ) that relator is disqualified from receiving unemployment benefits because she quit her employment without a good reason caused by the employer. We affirm... FACTS... Relator Angela M. Dodd was employed by respondent Ritchie Engineering Co. Inc. On May 29, 2007, relator's father told her that he was going to the hospital and needed surgery. Relator received six weeks of medical leave under the Family and Medical Leave...  
November 10, 2008
In this appeal from an order denying habeas corpus relief, appellant Odell DePriest Crawford argues that his Fifth Amendment privilege against self-incrimination was... ... ... violated by the extension of incarceration time as a disciplinary sanction for appellant's refusal to discuss his crime of conviction during an interview for placement in a sex-offender treatment program. Because appellant has failed to show any likelihood of a successful collateral attack on his conviction, the Fifth...  
November 4, 2008
Appellant, a child support obligor who is eligible for social security benefits for the parties' two children, challenges the provision in orders of the district court and the child support magistrate (CSM) that the social security benefit received by respondent for one child is not offset against appellant's child support obligation. Because Minn. Stat. § 518A.31(c) (2006), mandates such an offset, we reverse that provision of the CSM's order; we dismiss the appeal from the district...  
November 4, 2008
Appellant mother challenges the district court's termination of her parental rights, arguing that (1) the district court's findings are inadequate because they do not contain a finding that she knew or should have known that one of her children suffered egregious harm, and the record does not support such a finding, (2) the egregious harm suffered by... ... ... the child was not of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, and (3) the...  
November 4, 2008
In this custody dispute, appellant challenges the district court's decision (1) awarding sole physical custody of the parties' minor child to respondent, and (2) determining that their child will attend school in respondent's school district. We affirm... FACTS... Appellant Claudine Nelson gave birth to D.W.N. in October 2005. Nelson and respondent William Templin were never married, but Templin acknowledged his paternity of D.W.N. by signing a recognition of parentage. Templin subsequently...  
November 4, 2008
On appeal from the district court's order terminating her parental rights to four children, appellant argues that the district court's findings with respect to the statutory grounds for termination are not supported by the evidence and are clearly erroneous. Because the record demonstrates that clear and convincing evidence supports the district court's findings, we affirm... FACTS... Appellant A.C.B. is the mother of five children, four of whom are the subjects of the current action: J.L.M.,...  
November 4, 2008
Appellant challenges the district court's determination that the Austin police had a reasonable, articulable suspicion of criminal activity to make an investigatory stop of his vehicle. We affirm... ... ... FACTS... On November 30, 2006, at approximately 1:00 a.m., two Austin police officers were on a routine patrol in the area of an I-90 overpass. Officer Tischer testified that both he and Officer Clennon observed a vehicle operating without taillights. The officers turned around to follow the...  
November 4, 2008
On appeal from an order committing him as a sexually dangerous person (SDP), appellant argues that the record does not support, by clear and convincing evidence, the district court's conclusion that he is highly likely to engage in future acts of harmful sexual conduct. Because there is clear and convincing evidence that appellant is highly likely to engage in future acts of harmful sexual conduct, we affirm... FACTS... This is a direct appeal from an order of the district court committing...  
November 4, 2008
This appeal centers on appellant-landowner's efforts to develop his property in Lake of the Woods County, and the regulation of wetlands on that property. Appellant challenges the district court's grant of summary judgment in favor of Lake of the Woods County, the Minnesota Pollution Control Agency, and the Minnesota Department of Natural Resources. Appellant argues that there are genuine issues of material fact in dispute regarding (1) whether there remains an economically viable use of the...  
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next >