141 N.W.2d 526 THOMAS L. KOPP, A MINOR, BY FRED KOPP, HIS FATHER AND GUARDIAN AD LITEM, v. ELMER RECHTZIGEL AND ANOTHER. No. 39,909.Supreme Court of Minnesota. April 1, 1966. Conflicts — accident involving Minnesota residents occurring in South Dakota — action in Minnesota — law governing. Following the rules of conflicts adopted in Balts […]
Category: Minnesota Court Opinions
DICKSON v. THE EMPORIUM MERC. CO. INC., 193 Minn. 629 (1935)
259 N.W. 375 ELLA M. DICKSON v. THE EMPORIUM MERCANTILE COMPANY, INC.[1] No. 30,255.Supreme Court of Minnesota. March 8, 1935. [1] Reported in 259 N.W. 375. Negligence — care required of shopkeeper as to customers. The general rule is that a shopkeeper is under legal obligation to keep and maintain his premises in reasonably safe […]
AASEN v. AASEN, 228 Minn. 1 (1949)
36 N.W.2d 27 HILDA AASEN v. CLARA AASEN AND OTHERS. ARTHUR HANSON AND BERTHA MOAN, APPELLANTS.[1] Nos. 84,793, 84,794.Supreme Court of Minnesota. February 18, 1949. [1] Reported in 36 N.W.2d 27. Automobile — action for injuries from collision — questions for jury — physical facts and weight thereof — negligence of parties. 1. In a […]
STATE v. GANDEL, 173 Minn. 305 (1928)
217 N.W. 120 STATE v. MAX GANDEL.[1] No. 26,207.Supreme Court of Minnesota. January 6, 1928. [1] Reported in 217 N.W. 120. Misconduct of counsel. 1. Alleged misconduct of counsel held not to present reversible error. Limitation on admissible evidence that assaulted woman made prompt complaint. 2. In prosecutions for rape and indecent assault, evidence that […]
LURKS v. STATE, A05-947 (Minn. 5-16-2006)
Albert Brown Lurks, Jr. v. State. No. A05-947.Supreme Court of Minnesota. Filed May 16, 2006. Order on petition for further review. Denied.
MOULTON v. MOULTON, 172 Minn. 96 (1927)
214 N.W. 771 CLORA MOULTON v. EVERETT MOULTON.[1] No. 26,145.Supreme Court of Minnesota. July 1, 1927. [1] Reported in 214 N.W. 771. On conflicting evidence decree of separation from bed and board sustained. Suit for a decree of separation from bed and board. The evidence sustains the findings. Divorce, 19 C.J. p. 142 n. 52. […]
MATTER OF THE CIVIL COMMITMENT OF STONE, A09-574 (Minn. 11-24-2009)
In the Matter of the Civil Commitment of: Adnan Allen Fakaraldin Stone. No. A09-574.Supreme Court of Minnesota. Filed November 24, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
FORWARD v. BIG LAKE REFINING CO., 184 Minn. 474 (1931)
239 N.W. 228 R. R. FORWARD v. BIG LAKE REFINING COMPANY.[1] No. 28,499.Supreme Court of Minnesota. November 20, 1931. [1] Reported in 239 N.W. 228. Broker — commission — no agreement as to reduction. Whether the plaintiff, a broker, who upon the basis of an agreed commission secured a purchaser for the defendant, before the […]
REITER v. KIFFMEYER, 721 N.W.2d 908 (Minn. 2006)
Louis H. REITER, Petitioner, v. Mary KIFFMEYER, individually and as Secretary of State of Minnesota, Respondent, Gil Gutknecht, Intervenor, Respondent. No. A06-1508.Supreme Court of Minnesota. September 28, 2006. Appeal from the primary election ballot, alleging that petition filed by candidate in place of the filing fee was deficient. Page 909 Christine Bennett Eller, Asst. Atty. […]
DISCIPLINARY ACTION AGAINST ANDERSON, 491 N.W.2d 656 (Minn. 1992)
In re the Petition for DISCIPLINARY ACTION AGAINST Victor B. ANDERSON, an Attorney at Law of the State of Minnesota. No. C7-71-43601.Supreme Court of Minnesota. October 22, 1992. ORDER On February 5, 1992, the Director of the Office of Lawyers Professional Responsibility filed a petition for revocation of probation and for further discipline with this […]
SPEAKS, INC. v. JENSEN, 309 Minn. 48 (1976)
243 N.W.2d 142 SPEAKS, INC., d.b.a. KIRBY CO. OF MINNEAPOLIS, v. JENS P. JENSEN, JR., AND ANOTHER. COMMISSIONER OF MANPOWER SERVICES, APPELLANT. No. 46042.Supreme Court of Minnesota. May 28, 1976. Unemployment compensation claimed — employment relationship between salesmen and distributor — tests applied — absence of control. Certiorari in the Hennepin County District Court upon […]
STATE v. FORD, A07-434 (Minn.App. 3-25-2008)
State of Minnesota, Appellant, v. Theresa Marie Ford, Respondent. No. A07-434.Minnesota Court of Appeals. Filed March 25, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
IN MATTER OF THE CHILD OF J. S., C0-00-343 (Minn.App. 9-12-2000)
IN THE MATTER OF THE CHILD OF: J. S., Parent. No. C0-00-343.Minnesota Court of Appeals. Filed September 12, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the […]
STATE v. JONES, A04-1131 (Minn. 9-20-2005)
State v. Dennis Ernest Jones. No. A04-1131.Supreme Court of Minnesota. September 20, 2005. Denied.
IN RE PETI. FOR DISCIP. ACTION AGAINST STOTTLER, A11-1640 (Minn. 10-14-2011)
In re Petition for Disciplinary Action against Travis D. Stottler, a Minnesota Attorney, Registration No. 305728. No. A11-1640.Supreme Court of Minnesota. Filed: October 14, 2011. ORDER ALAN C. PAGE, Associate Justice. The Director of the Office of Lawyers Professional Responsibility has filed a petition alleging that respondent Travis D. Stottler committed professional misconduct warranting public […]
SOO LINE R. CO. v. COM’R OF REVENUE, 277 N.W.2d 7 (Minn. 1979)
SOO LINE RAILROAD COMPANY, Respondent, v. The COMMISSIONER OF REVENUE, Relator. No. 48545.Supreme Court of Minnesota. January 19, 1979. Syllabus by the Court Uncollected debts of a railroad may not be deducted from gross earnings for purposes of computing the gross earnings tax imposed by Minn.St. 295.02. Warren Spannaus, Atty. Gen., James W. Neher, Sp. […]
STATE v. SHEPARD, 473 N.W.2d 318 (Minn.App. 1991)
STATE of Minnesota, Respondent, v. Leona Faye SHEPARD, Appellant. No. C8-90-2287.Minnesota Court of Appeals. July 2, 1991. Review Granted August 29, 1991. Appeal from the District Court, Cass County, Michael J. Haas, J. Syllabus by the Court 1. Circumstantial evidence, taken as a whole, is insufficient to establish beyond a reasonable doubt that appellant was […]
WILLARD v. MAX A. KOHEN, INC., 202 Minn. 626 (1938)
279 N.W. 553 G. E. WILLARD v. MAX A. KOHEN, INC.[1] Nos. 31,629, 31,680.Supreme Court of Minnesota. May 13, 1938. [1] Reported in 279 N.W. 553. Dismissal and nonsuit — right of dismissal — grounds. 1. Dismissals are governed by statute. 2 Mason Minn. St. 1927, § 9322. An action may be dismissed without final […]
MARTINSON v. SCHERBEL, 268 Minn. 509 (1964)
129 N.W.2d 802 JACK MARTINSON v. MARGARET SCHERBEL. No. 39,050.Supreme Court of Minnesota. July 17, 1964. Automobiles — negligence of driver — cyclist passing — application of statute. 1. Minn. St. 169.18, subd. 4(d), governing passing on the right, has no application where the operator of a motorcycle proceeds into an intersection ahead of another […]
IN RE GUARDIANSHIP OF HOFFMAN, 197 Minn. 524 (1936)
267 N.W. 473 IN RE GUARDIANSHIP OF MARGARETHA HOFFMAN. AMELIA FREDRICK AND ANOTHER v. J. W. KOETTER.[1] No. 30,830.Supreme Court of Minnesota. June 19, 1936. [1] Reported in 267 N.W. 473. Appeal and error — appealable order. 1. An order of the probate court, made on notice and after hearing, allowing the account of a […]
MELEEN v. MELEEN, 372 N.W.2d 443 (Minn.App. 1985)
In re the Marriage of Patricia L. MELEEN, petitioner, Appellant, v. Gerald A. MELEEN, Respondent. No. C2-85-939.Minnesota Court of Appeals. August 20, 1985. Appeal from the District Court of Mille Lacs County, Richard J. Ahles, J. Page 444 Syllabus by the Court Once the court determines a substantial change of circumstances justifying modification of child […]
AUSTIN MUT. INS. CO. v. MODERN SERVICE INS. CO., 255 N.W.2d 224 (Minn. 1977)
AUSTIN MUTUAL INSURANCE COMPANY, et al., Appellants, v. MODERN SERVICE INSURANCE COMPANY, Respondent, James Lee Lundquist, Respondent. No. 46353.Supreme Court of Minnesota. April 29, 1977. Appeal from the District Court, Kanabec County, Robert B. Gillespie, J., Syllabus by the Court An insured’s automobile was not a “newly acquired” replacement vehicle within the terms of his […]
IN RE ESTATE OF WEBER, 163 Minn. 389 (1925)
204 N.W. 52 IN RE ESTATE OF MARY WEBER, DECEASED.[1] No. 24,568.Supreme Court of Minnesota. June 5, 1925. [1] Reported in 204 N.W. 52. Testatrix did not have testamentary capacity. 1. The evidence sufficiently supports the verdict to the effect that testatrix did not have testamentary capacity when she signed the will. Hypothetical question to […]
STERN v. MOORE, 166 Minn. 502 (1926)
207 N.W. 740 MEYER D. STERN v. W.A. MOORE.[1] No. 25,041.Supreme Court of Minnesota. March 12, 1926. [1] Reported in 207 N.W. 740. Case followed. Appeal and Error, 3 C.J. p. 786 n. 76. Action tried in the district court for Olmsted county. The case was tried before Callaghan, J., and a jury which returned […]
SAUNDERS v. COMMERCIAL CREDIT TRUST, 192 Minn. 272 (1934)
256 N.W. 142 HATTIE SAUNDERS v. COMMERCIAL CREDIT TRUST.[1] No. 29,820.Supreme Court of Minnesota. July 20, 1934. [1] Reported in 256 N.W. 142. Appeal and error — instructions — necessity of presenting objections. 1. The instructions to the jury cannot be assailed on appeal where no exceptions to them were taken at the trial or […]
IN RE REINSTATEMENT OF ONORATO, 794 N.W.2d 371 (Minn. 2011)
In re the Petition for REINSTATEMENT to the Practice of Law OF Stephanie Anne ONORATO, Registration No. 292473. No. A10-2243.Supreme Court of Minnesota. February 8, 2011. ORDER By order filed on December 15, 2006, we indefinitely suspended respondent Stephanie Anne Onorato from the practice of law for a period of at least 90 days. On […]
MALY v. HOFMAN, C9-96-1758 (Minn.App. 4-22-1997)
Richard Maly, Appellant, v. Andrew Hofman, Respondent. No. C9-96-1758.Minnesota Court of Appeals. Filed April 22, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, St. […]
KOWLER ASSOCIATES v. ROSS, 544 N.W.2d 800 (Minn.App. 1996)
KOWLER ASSOCIATES, Appellant, v. Teri ROSS, Respondent. No. C5-95-2573.Minnesota Court of Appeals. March 26, 1996. Appeal from District Court, Hennepin County; Honorable Kathleen Blatz, Judge. Syllabus by the Court An order that vacates an arbitration award and directs a rehearing is not appealable under Minn.Stat. § 572.26, subd. 1 (1994), even if the order also […]
GRINNELL MUT. REINS. CO. v. CORY WINCH, C2-02-1451 (Minn.App. 3-25-2003)
Grinnell Mutual Reinsurance Co., Appellant, v. Cory Winch, Respondent, Joe Fellin, Respondent, Enderes Tool Company, Inc., et al., Respondents. No. C2-02-1451.Minnesota Court of Appeals. Filed March 25, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]
OSSENFORT v. ASSOCIATED MILK PRODUCERS, INC., 254 N.W.2d 672 (Minn. 1977)
Lloyd H. OSSENFORT, by Eleanor M. Ossenfort, His Guardian Ad Litem, and Eleanor M. Ossenfort, Individually, and as Husband and Wife, Respondents, Nobles County Welfare Board, Respondent, v. ASSOCIATED MILK PRODUCERS, INCORPORATED, Appellant-Respondent. and Clifford VIESSMAN, et al., defendants and third party plaintiffs, Respondents-Appellants, v. Arthur G. DRENTH, third party defendant, Respondent. Nos. 46428, 46440.Supreme […]
PAONE v. STATE, 658 N.W.2d 896 (Minn.App. 2003)
Justin Marshall Paone, petitioner, Appellant, v. State of Minnesota, Respondent. No. C2-02-1160.Minnesota Court of Appeals. Filed: April 8, 2003. Appeal from the District Court, Anoka County, File No. K1-99-100. Page 897 SYLLABUS When a direct appeal in a criminal case has been filed but then dismissed by agreement of the parties before consideration on the […]
PECK v. AETNA CAS. SUR. CO., 404 N.W.2d 2 (Minn.App. 1987)
Robert L. PECK, et al., Respondents, v. AETNA CASUALTY SURETY COMPANY, Appellant. No. C5-86-1349.Minnesota Court of Appeals. April 14, 1987. Review Denied May 20, 1987. Appeal from the District Court, St. Louis County, Jack L. Litman, J. Syllabus by the Court 1. The trial court properly allowed nonresident policyholder to stack no-fault coverages on out-of-state […]
CHOROLEC v. MARKETING ARCHITECTS, INC., A10-2033 (Minn.App. 7-18-2011)
Helen Chorolec, Respondent, v. Marketing Architects, Inc., Relator, Department of Employment and Economic Development, Respondent. No. A10-2033.Minnesota Court of Appeals. Filed July 18, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
MINNEAPOLIS SAVINGS LOAN ASSN. v. YOLTON, 193 Minn. 632 (1935)
259 N.W. 382 MINNEAPOLIS SAVINGS AND LOAN ASSOCIATION v. THOMAS J. YOLTON AND OTHERS.[1] No. 30,275.Supreme Court of Minnesota. March 8, 1935. [1] Reported in 259 N.W. 382. Mortgage — appointment of receiver to collect rent. 1. Proof of inadequacy of the security caused by nonpayment of taxes accruing after the execution of the mortgage, […]
STATE v. ROBIDEAU, 783 N.W.2d 390 (Minn.App. 2010)
STATE of Minnesota, Respondent, v. Raymond Clyde ROBIDEAU, Appellant. No. A09-530.Minnesota Court of Appeals. June 15, 2010. Appeal from the District Court, Anoka County, John C. Hoffman, J. Page 391 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 392 [EDITORS’ NOTE: THIS […]
OWENS v. FEDERATED MUT. IMPLEMENT HARDWARE, 328 N.W.2d 162 (Minn. 1983)
Donald J. OWENS, Appellant, v. FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE CO., Respondent. No. 82-486.Supreme Court of Minnesota. January 7, 1983. Appeal from the District Court, Blue Earth County, Miles B. Zimmerman, J. Page 163 Syllabus by the Court Under former Minn.Stat. § 72A.149 (1969), only auto liability insurance policies delivered or issued for delivery […]
STATE v. TARAN, 176 Minn. 175 (1929)
222 N.W. 906 STATE v. SAM TARAN.[1] Nos. 27,113, 27,184.Supreme Court of Minnesota. January 4, 1929. [1] Reported in 222 N.W. 906. Indictment sufficient. 1. An indictment for larceny by false pretenses which sufficiently charges the obtaining of money by intentionally false representations of the genuineness and value of forged commercial paper is not fatally […]
FIREMEN’S INS. CO. OF NEWARK, N.J., v. VIKTORA, 318 N.W.2d 704 (Minn. 1982)
FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Respondent, v. David VIKTORA, et al., etc., Appellants, and Sandra Olson, et al., Defendants. No. 81-467.Supreme Court of Minnesota. April 30, 1982. Appeal from the District Court, St. Louis County, Donald C. Odden, J. Page 705 Syllabus by the Court 1. The language “residents of the Named Insured’s […]
STATE v. ALEXANDER, A05-1859 (Minn.App. 1-9-2007)
State of Minnesota, Respondent, v. Monique Nicole Alexander, Appellant. No. A05-1859.Minnesota Court of Appeals. Filed January 9, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
ASPLUND v. BROWN, 203 Minn. 571 (1938)
282 N.W. 473 JOHN M. ASPLUND AND OTHERS v. WILLIAM BROWN AND OTHERS.[1] No. 31,904.Supreme Court of Minnesota. November 25, 1938. [1] Reported in 282 N.W. 473. Certiorari — order not reviewable by certiorari. An order for inspection of books and papers is an intermediate order and so not reviewable by certiorari. Motion by plaintiffs […]
STATE EX REL. DANN v. HUTCHINSON, 206 Minn. 446 (1939)
288 N.W. 845 STATE EX REL. J. L. DANN v. R. H. HUTCHINSON AND OTHERS.[1] No. 32,344.Supreme Court of Minnesota. December 8, 1939. [1] Reported in 288 N.W. 845. Justice of the peace — nature of office. 1. Justices of the peace are state officers. Their courts are state courts. Justice of the peace — […]
KARI v. CITY OF MAPLEWOOD, C8-97-823 (Minn.App. 10-14-1997)
Lillian Helena Kari, Appellant, v. City of Maplewood, et al., Respondents. No. C8-97-823.Minnesota Court of Appeals. Filed October 14, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from […]
CHERVENY v. 10,000 AUTO PARTS, 353 N.W.2d 685 (Minn.App. 1984)
Kevin CHERVENY, Relator, v. 10,000 AUTO PARTS, Respondent, and Commissioner of Economic Security, Respondent. No. C2-84-686.Minnesota Court of Appeals. August 28, 1984. Appeal from the Commissioner of Economic Security. Page 686 Syllabus by the Court Relator’s dishonesty in an investigation by the employer into an alleged theft of employer’s goods was misconduct sufficient to disqualify […]
STATE v. SENGPHET, C4-97-1290 (Minn.App. 11-10-1997)
STATE OF MINNESOTA, Appellant, v. KHANTHALY SENGPHET, Respondent. No. C4-97-1290.Minnesota Court of Appeals. Filed November 10, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, […]
WEBSTER LUMBER CO. v. ROEDTER, 173 Minn. 529 (1928)
217 N.W. 933 WEBSTER LUMBER COMPANY v. FRED W. ROEDTER.[1] No. 26,461.Supreme Court of Minnesota. February 10, 1928. [1] Reported in 217 N.W. 933. Rulings on evidence sustained. 1. Certain rulings on admission of evidence held without error. Letters of plaintiff’s attorney inadmissible. 2. Letters written by plaintiff’s attorney to the defendant after the transaction […]
STATE v. SWEETMAN, C1-01-202 (Minn.App. 1-2-2002)
STATE OF MINNESOTA, RESPONDENT, v. WILLFRED ERICK SWEETMAN, APPELLANT. No. C1-01-202Minnesota Court of Appeals. Filed January 2, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
HAMILTON v. COUNTY OF STEARNS, C1-97-1926 (Minn.App. 6-9-1998)
Stuart Hamilton, Relator, v. County of Stearns, Respondent. No. C1-97-1926.Minnesota Court of Appeals. Filed June 9, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from Stearns County Planning […]
IN RE THE MARRIAGE OF REDMOND, 594 N.W.2d 272 (Minn.App. 1999)
In re the Marriage of: Michelle Diane Alton Redmond, n/k/a Michelle Diane Alton Vlahos, petitioner, Respondent, v. Thomas J. Redmond, Appellant. No. C2-98-1878.Minnesota Court of Appeals. Filed June 8, 1999. Appeal from the Hennepin County District Court, File No. 171397 Page 273 SYLLABUS 1. Property settlements are final and not subject to modification because of […]
VESTA STATE BANK v. INDEP. STATE BANK, 506 N.W.2d 307 (Minn.App. 1993)
VESTA STATE BANK, et al., Appellants, v. INDEPENDENT STATE BANK OF MINNESOTA, Defendant and Third-Party Plaintiff, Respondent. v. CLAYTON MANAGEMENT, INC., et al., Third-Party Defendants, Respondents. No. C6-93-150.Minnesota Court of Appeals. September 14, 1993. Review Granted November 16, 1993. Appeal from the District Court, Redwood County, David W. Peterson, J. Page 308 Syllabus by the […]
STATE v. CORNWELL, A08-2102 (Minn.App. 12-8-2009)
State of Minnesota, Respondent, v. James Raymond Cornwell, Appellant. No. A08-2102.Minnesota Court of Appeals. Filed December 8, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
RESERVE MIN. CO. v. ANDERSON, 377 N.W.2d 494 (Minn.App. 1985)
RESERVE MINING CO., Relator, v. Audrey N. ANDERSON, Commissioner of Economic Security, Respondents. No. C2-85-1198.Minnesota Court of Appeals. November 26, 1985. Review Denied January 17, 1986. Appeal from the Commissioner of Economic Security. Page 495 Syllabus by the Court 1. Following notification of a pending layoff, an employee’s decision to retire early was not voluntary […]
ZURICH AMERICAN INS. CO. v. BJELLAND, 710 N.W.2d 64 (Minn. 2006)
ZURICH AMERICAN INSURANCE COMPANY, Respondent, v. Donald A. BJELLAND, Appellant. No. A04-709.Supreme Court of Minnesota. February 2, 2006. Rehearing Denied March 6, 2006. Appeal from the District Court, Kanabec County, Timothy R. Bloomquist, J. Page 65 Syllabus by the Court The 2000 amendments to Minn. Stat. § 176.061 (2004) did not modify the right of […]
MURDENT v. STATE, A08-403 (Minn. 7-22-2009)
Jeffrey M. Murdent v. State. No. A08-403.Supreme Court of Minnesota. Filed July 22, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. LARSON, C5-00-1844 (Minn.App. 6-12-2001)
State of Minnesota, Respondent, v. Scott Richard Larson, Appellant. No. C5-00-1844.Minnesota Court of Appeals. Filed June 12, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
PHILLIPS NEIGHBORHOOD HSG. TR. v. BROWN, 564 N.W.2d 573 (Minn.App. 1997)
PHILLIPS NEIGHBORHOOD HOUSING TRUST, c/o Perennial Properties, Inc., Respondent, v. Mary BROWN, Appellant, Anthony Brown, Defendant. No. C3-96-2176.Minnesota Court of Appeals. June 10, 1997. Appeal from the Hennepin County District Court. Page 574 Syllabus by the Court When a lease provides that a landlord may cancel the lease and bring an unlawful detainer action against […]
DANIELS v. WELCH, A06-1335 (Minn.App. 6-12-2007)
In the Matter of: Angela C. Daniels, individually and o/b/o Skyanne Welch, petitioner, Respondent, v. Kenneth Wayne Welch, III, Appellant. No. A06-1335.Minnesota Court of Appeals. Filed: June 12, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by […]
STATE EX REL. AHLSTRAND v. TAHASH, 266 Minn. 570 (1963)
123 N.W.2d 325 STATE EX REL. HAROLD F. AHLSTRAND v. RALPH TAHASH. No. 38,909.Supreme Court of Minnesota. August 2, 1963. Criminal law — arraignment — what constitutes. Appeal by Harold F. Ahlstrand from an order of the Washington County District Court, Robert B. Gillespie, Judge, denying his petition for a writ of habeas corpus. Affirmed. […]
WHITE v. STATE, A05-328 (Minn.App. 4-18-2006)
Shaun Emery White v. State. No. A05-328.Minnesota Court of Appeals. Filed April 18, 2006. ORDER ON PETITION FOR FURTHER REVIEW Granted/Stayed.
E. H. WILLMUS PROP. INC. v. VILLAGE OF NEW BRIGHTON, 293 Minn. 356 (1972)
199 N.W.2d 435 IN RE VILLAGE OF NEW BRIGHTON RESOLUTION 862 ASSESSING CERTAIN PROPERTIES. E. H. WILLMUS PROPERTIES, INC., AND ANOTHER v. VILLAGE OF NEW BRIGHTON. No. 43460.Supreme Court of Minnesota. June 23, 1972. Taxation — appeal contesting special assessments — special benefits — opinion of property owner — effect. 1. On an appeal by […]
DUNN v. STATE, 499 N.W.2d 37 (Minn. 1993)
Lillian Virginia DUNN, Appellant, v. STATE of Minnesota, Respondent. No. C0-92-1669.Supreme Court of Minnesota. April 30, 1993. Appeal from the District Court, Ramsey County, John S. Connolly, J. Syllabus by the Court The order of the postconviction court denying relief on appellant’s claim of ineffective assistance of counsel is affirmed where appellant has failed to […]
BOSSONS v. THE HERTZ CORPORATION, 287 Minn. 29 (1970)
176 N.W.2d 882 ROBERT BOSSONS v. THE HERTZ CORPORATION. FORD MOTOR COMPANY, THIRD-PARTY DEFENDANT. No. 41797.Supreme Court of Minnesota. April 24, 1970. Negligence — res ipsa loquitur — when applicable. 1. The following conditions are necessary for the application of the doctrine of res ipsa loquitur: First, the event must be of a kind which […]
WAYNE II v. MASTERSHIELD, 597 N.W.2d 917 (Minn.App. 1999)
Samuel Sando Wayne II, Appellant, v. MasterShield, Inc., Respondent, Parkview Associates, Defendants. No. C5-99-248.Minnesota Court of Appeals. Filed August 3, 1999. Appeal from Hennepin County District Court, William Howard J., File No. 98000445. Page 918 Syllabus 1. The real property provision of the Minnesota Human Rights Act, Minn.Stat. § 363.03, subd. 2(1) (1998) does not […]
SELLNER MFG. CO. INC. v. COMMR. OF TAXATION, 295 Minn. 71 (1972)
202 N.W.2d 886 SELLNER MANUFACTURING COMPANY, INC. v. COMMISSIONER OF TAXATION. No. 43471.Supreme Court of Minnesota. December 8, 1972. Taxation — sales and use tax — exemption — sales of property with out-of-state destination — meaning of ultimate destination. Where sale property was removed from Minnesota by the purchaser immediately after delivery and was not […]
STATE v. LARSON, 293 Minn. 467 (1972)
197 N.W.2d 667 STATE v. RICHARD LARSON. No. 42945.Supreme Court of Minnesota. April 28, 1972. Appeal and error — certification of questions in criminal proceeding — question certified by municipal court. Defendant, Richard Larson, was charged in the Washington County Municipal Court with disorderly conduct and making harassing telephone calls. The case having been tried […]
BLAINE v. COMMISSIONER OF PUBLIC SAFETY, A04-1116 (Minn.App. 4-12-2005)
Douglas Gerald Blaine, Petitioner, Appellant, v. Commissioner of Public Safety, Respondent. and State of Minnesota, Respondent, v. Douglas Gerald Blaine, Appellant. Nos. A04-1116, A04-1508.Minnesota Court of Appeals. Filed April 12, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as […]
BROWN v. BROWN, A11-192 (Minn.App. 9-12-2011)
Marcella Y. Brown, Appellant, v. Randy L. Brown, et al., Respondents. No. A11-192.Minnesota Court of Appeals. Filed September 12, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from […]
PETITION OF BUSCH, 313 N.W.2d 419 (Minn. 1981)
In re Petition of Douglas P. BUSCH, et al., to Waive the Bar Admission Requirement of Graduation from an ABA-Accredited Law School. No. 52006.Supreme Court of Minnesota. December 17, 1981. Rehearing Denied January 28, 1982. Page 420 Syllabus by the Court Circumstances of this case do not justify waiver of the rule requiring graduation from […]
NICHOLS v. RELIANT ENGINEERING MFG., 720 N.W.2d 590 (Minn.App. 2006)
Shirley NICHOLS, Relator, v. RELIANT ENGINEERING MANUFACTURING, INC., Respondent, Department of Employment and Economic Development, Respondent. No. A05-2165.Minnesota Court of Appeals. August 29, 2006. Appeal from the Former employee filed application for unemployment benefits. The Department of Employment Economic Development initially found that employee was not disqualified from benefits, but unemployment Law Judge (ULJ) reversed. […]
McDEID v. MOONEY, A04-36 (Minn.App. 4-6-2004)
Ricky Lee McDeid, petitioner, Appellant, v. Dean Mooney, Director of the Minnesota Sex Offender Program, Respondent. No. A04-36.Minnesota Court of Appeals. Filed April 6, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]
SMITH v. REKUCKI, 287 Minn. 149 (1970)
177 N.W.2d 410 GEORGE G. SMITH AND ANOTHER v. ALEXANDER C. REKUCKI. No. 41978.Supreme Court of Minnesota. May 8, 1970. Evidence — opinions of experts — weight given. 1. The opinions of experts are not ordinarily conclusive on the jury but are items of evidence to be considered along with the other evidence in the […]
STATE v. HEAD, A07-906 (Minn. 10-21-2008)
State v. Marvin Wayne Head. No. A07-906.Supreme Court of Minnesota. Filed: October 21, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted/Remanded Page 1
STATE v. WINGO, 266 N.W.2d 508 (Minn. 1978)
STATE of Minnesota, petitioner, Appellant, v. Maurice WINGO, Respondent. No. 48018.Supreme Court of Minnesota. April 28, 1978. Appeal from the District Court, Ramsey County, Hyam Segell, J. Page 509 Syllabus by the Court 1. Rule 28.08, Rules of Criminal Procedure, which permits a prosecuting authority to appeal to the district court any pre-trial order of […]
STATE v. CROOK, 485 N.W.2d 726 (Minn.App. 1992)
STATE of Minnesota, Plaintiff, v. Christopher Kurt CROOK, Defendant. No. C6-91-2217.Minnesota Court of Appeals. May 26, 1992. Review Denied August 4, 1992. Appeal from the District Court, Hennepin County, Patrick Fitzgerald, J. Page 727 Syllabus by the Court A police officer exceeds the scope of a limited pat search by removing a cap from a […]
FITZGERALD v. MORLOCK, 264 Minn. 520 (1963)
120 N.W.2d 339 JOHN M. FITZGERALD v. HENRY J. MORLOCK. No. 38,982.Supreme Court of Minnesota. February 13, 1963. Elections — provisions regulating — distinction. 1. There is a clear distinction between the provisions and prohibitions in the election laws which are personal to the elector and those which apply to election officers over whose conduct […]
STATE v. THOLE, A06-973 (Minn.App. 5-29-2007)
State of Minnesota, Respondent, v. James F. Thole, Appellant. No. A06-973.Minnesota Court of Appeals. Filed May 29, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from Carver County […]
DICK v. MOLITOR, 305 Minn. 390 (1975)
234 N.W.2d 583 DONALD J. DICK v. G. J. MOLITOR, ADMINISTRATOR OF ESTATE OF CLELL R. KING. No. 44419.Supreme Court of Minnesota. September 26, 1975. Evidence — admissibility — blood sample taken from deceased driver — sufficiency of foundation. Personal injury action brought in the Jackson County District Court against G. J. Molitor, administrator of […]
McQUARRIE v. WASECA MUT. INS. CO., 337 N.W.2d 685 (Minn. 1983)
Michael R. McQUARRIE and Sandra McQuarrie, Respondents, v. WASECA MUTUAL INSURANCE CO., Appellant. No. C9-82-1510.Supreme Court of Minnesota. August 26, 1983. Rehearing Denied September 19, 1983. Appeal from the District Court, Goodhue County, Martin J. Mansur, J. Page 686 Syllabus by the Court 1-3. Although appellant insurer did not cancel its fire insurance policy with […]
TATRO v. UNIVERSITY OF MINNESOTA, 800 N.W.2d 811 (Minn.App. 2011)
Amanda TATRO, Relator, v. UNIVERSITY OF MINNESOTA, Respondent. No. A10-1440.Minnesota Court of Appeals. July 11, 2011. Page 812 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 813 Syllabus A public university’s disciplinary sanctions do not violate a student’s constitutional right to free […]
STATE v. SMITH, A05-1651 (Minn.App. 6-13-2006)
State of Minnesota, Respondent, v. Robin E. Smith, Appellant. No. A05-1651.Minnesota Court of Appeals. Filed June 13, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
STATE v. KING, C9-98-2350 (Minn.App. 6-1-1999)
State of Minnesota, Respondent, v. Jeffrey Clarence King, Appellant. No. C9-98-2350.Minnesota Court of Appeals. Filed June 1, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
IN RE APPLICATION OF JURAN, 178 Minn. 55 (1929)
226 N.W. 201 IN RE APPLICATION OF MARY JURAN FOR CERTIFICATE OF TITLE. H. KROENING, APPELLANT.[1] No. 27,399.Supreme Court of Minnesota. June 21, 1929. [1] Reported in 226 N.W. 201. Torrens titles not affected by unregistered contracts. 1. The Torrens law intends that all titles registered thereunder shall be free from all unregistered rights or […]
IN RE MIKSCHE v. MIKSCHE, C5-98-2071 (Minn.App. 6-29-1999)
In Re the Marriage of: Robert G. Miksche, petitioner, Appellant, v. Joann M. Miksche, Respondent. No. C5-98-2071.Minnesota Court of Appeals. Filed June 29, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. WILLIAMS, A05-1577 (Minn.App. 8-22-2006)
State of Minnesota, Respondent, v. Thomas Lloyd Williams, Appellant. No. A05-1577.Minnesota Court of Appeals. Filed August 22, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
WILLIAMS v. TLC SPECIAL TRANSPORTATION, A11-143 (Minn.App. 8-29-2011)
Leon Williams, Relator, v. TLC Special Transportation, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A11-143.Minnesota Court of Appeals. Filed August 29, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]
DIEBOLD v. DIEBOLD, C5-96-2261 (Minn.App. 6-10-1997)
John M. Diebold, et al., Respondents, v. James R. Diebold, Appellant, Granite Holding Corporation, et al., Defendants. No. C5-96-2261.Minnesota Court of Appeals. Filed June 10, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § […]
IN RE MARRIAGE OF HALLERMAN, A05-612 (Minn.App. 8-30-2005)
In re the Marriage of: Kevin John Hallerman, petitioner, Respondent, v. Jennifer Ann Hallerman, Appellant. No. A05-612.Minnesota Court of Appeals. Filed August 30, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. SCHLANGEN, A09-121 (Minn.App. 12-29-2009)
State of Minnesota, Respondent, v. Ronald Lee Schlangen, Appellant. No. A09-121.Minnesota Court of Appeals. Filed December 29, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
FARMERS INSURANCE EXCHANGE v. TOMCZIK, A10-1189 (Minn.App. 3-29-2011)
Farmers Insurance Exchange, et al., plaintiffs and counterclaim defendants, Respondents, v. James Tomczik, defendant and counterclaimant, Appellant, DBJ, Inc., d/b/a SMA Insurance, Defendant and Counterclaimant. No. A10-1189.Minnesota Court of Appeals. Filed March 29, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]
STATE v. CARR, 361 N.W.2d 397 (Minn. 1985)
STATE of Minnesota, Respondent, v. Richard D. CARR, Appellant. No. C1-83-1110.Supreme Court of Minnesota. February 1, 1985. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 398 Syllabus by the Court District court did not err in denying motion to suppress on Fourth Amendment grounds, in any of its other evidentiary rulings […]
CITY OF LAKEVILLE v. HERITAGE COMMONS, C6-02-1677 (Minn.App. 4-22-2003)
City of Lakeville, Appellant, v. Heritage Commons, LLC, Respondent. No. C6-02-1677.Minnesota Court of Appeals. Filed: April 22, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from Dakota County […]
ALLEN v. CITY OF MENDOTA HEIGHTS, A04-1278 (Minn. 6-14-2005)
John N. Allen, et al. v. City of Mendota Heights. No. A04-1278.Supreme Court of Minnesota. June 14, 2005. Order on petition for further review Denied.
ALANIS v. STATE, 583 N.W.2d 573 (Minn. 1998)
Roel ALANIS, petitioner, Appellant v. STATE of Minnesota, Respondent. No. C2-97-1014.Supreme Court of Minnesota. August 6, 1998. APPEAL FROM DISTRICT COURT, POLK COUNTY, RUSSELL ANDERSON, J. Page 574 Syllabus by the Court 1. For a guilty plea to be intelligent, a criminal defendant must be aware of the direct consequences of pleading guilty. 2. The […]
SMA SERVICES, INC. v. WEAVER, 632 N.W.2d 770 (Minn.App. 2001)
SMA Services, Inc., a Minnesota Corporation, d/b/a Susan Lee Associates, Appellant, vs. Gerald Allen Weaver, Respondent. No. C5-01-185.Minnesota Court of Appeals. Filed August 28, 2001. Appeal from the District Court Hennepin County, Gary R. Larson, J., File No. 0012030. Page 771 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
STATE v. STOTTS, C5-01-2048 (Minn.App. 7-9-2002)
State of Minnesota, Respondent, v. Kevin Donald Stotts, Appellant. No. C5-01-2048.Minnesota Court of Appeals. Filed July 9, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
WHITTED v. TOWN OF PONTO LAKE, 207 Minn. 333 (1940)
291 N.W. 509 AGNES WHITTED v. TOWN OF PONTO LAKE.[1] No. 32,341.Supreme Court of Minnesota. April 5, 1940. [1] Reported in 291 N.W. 509. Workmen’s compensation — “employe” within benefit of act — person engaged to remove snow from town road. The determination of the industrial commission that the petitioner’s husband was an employe of […]
STATE v. MAYHOOD, 308 Minn. 259 (1976)
241 N.W.2d 803 STATE v. KEITH THOMAS MAYHOOD. STATE v. DANIEL LEE CRISMAN. Nos. 46298, 46299.Supreme Court of Minnesota. April 23, 1976. Criminal law — appeals from orders dismissing prosecutions for lack of probable cause — jurisdiction to hear appeals. Appeal by the state from two orders of the Itasca County District Court, John A. […]
COLUMBIA HEIGHTS TEACHERS v. SCHOOL D., 457 N.W.2d 775 (Minn.App. 1990)
COLUMBIA HEIGHTS FEDERATION OF TEACHERS LOCAL 710, et al., Petitioners, Appellants, v. INDEPENDENT SCHOOL DISTRICT NO. 13, COLUMBIA HEIGHTS, Respondent. No. C5-89-2208.Minnesota Court of Appeals. July 17, 1990. Review Denied September 20, 1990. Appeal from the District Court, Anoka County, Phyllis G. Jones, J. Page 776 Syllabus by the Court When a school district’s collective […]
STATE v. TURNER, A06-822 (Minn.App. 7-24-2007)
State of Minnesota, Respondent, v. Ulysses Turner, Appellant. No. A06-822.Minnesota Court of Appeals. Filed July 24, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District Court, […]
GESKE v. MARCOLINA, C5-01-820 (Minn.App. 12-18-2001)
Jean Ann Geske, f/k/a Jean Ann Marcolina, petitioner, Respondent, vs. Jeffrey Alan Marcolina, Appellant. No. C5-01-820.Minnesota Court of Appeals. Filed December 18, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
SANNE v. METROPOLITAN LIFE INSURANCE CO., 218 Minn. 181 (1944)
15 N.W.2d 524 MARGARET L. SANNE, A MINOR, BY ALBERT A. DAHLKE, HER GUARDIAN, v. METROPOLITAN LIFE INSURANCE COMPANY.[1] No. 33,797.Supreme Court of Minnesota. July 21, 1944. [1] Reported in 15 N.W.2d 524. Insurance — life — avoidance of policy — material misrepresentation. 1. A material misrepresentation in an application for insurance, made with intent […]