Category: Minnesota Court Opinions

STATE of Minnesota, Appellant, v. Gary Lee ARMSTRONG, Respondent. No. 51072.Supreme Court of Minnesota. April 3, 1980. Appeal from the District Court, Brown County, Noah S. Rosenbloom, J. Syllabus by the Court While district court correctly concluded that arresting officer could not justify search of defendant’s car as being incident to a lawful arrest for […]

STATE of Minnesota, Petitioner, Appellant, v. Jeffrey A. McCLOSKEY, Respondent. No. C8-89-811.Supreme Court of Minnesota. April 6, 1990. Appeal from the District Court, Isanti County, James Dehn, J. Page 701 Syllabus by the Court Search warrant affidavit, which was based on hearsay information provided by an informant, was sufficient to establish probable cause to search […]

210 N.W.2d 51 JAMES A. FRANTZ AND ANOTHER, d.b.a. LAKE AUTO SALVAGE. v. BOARD OF COMMISSIONERS OF ANOKA COUNTY. No. 43656.Supreme Court of Minnesota. August 3, 1973. Eminent domain — market value of land taken — proof — restriction on uses shown. Mandamus in the Anoka County District Court upon the petition of James A. […]

STATE of Minnesota, Respondent, v. Douglas ALESHIRE, Petitioner. No. C8-89-1442.Minnesota Court of Appeals. February 6, 1990. Review Denied April 13, 1990. Appeal from the District Court, Ramsey County, George O. Peterson, J. Page 67 Syllabus by the Court Consecutive stayed sentences for two gross misdemeanor convictions do not violate Minn.Stat. § 609.135, subd. 2(2) (1988). […]

STATE of Minnesota, Respondent, v. Jay Andrew OLSON, Appellant. No. A08-1951.Minnesota Court of Appeals. May 26, 2009. Appeal from the District Court, Lake County, Kenneth A. Sandvik, J. Page 663 SYLLABUS The district court does not abuse its discretion by refusing to dispositionally depart from a presumptively executed prison sentence, even if there is evidence […]

Thomas OCEL, et al., Respondents, v. CITY OF EAGAN, defendant and third party plaintiff, Respondent, v. GABBERT DEVELOPMENT, INC., Bonestroo, Rosene, Anderlik and Associates, Inc., Schimek Construction, Inc., third party defendants, petitioners, Appellants. No. C6-86-369.Supreme Court of Minnesota. March 20, 1987. Appeal from the District Court, Dakota County, Gerald Kalina, J. Page 532 Syllabus by […]

122 N.W.2d 615 STATE v. MARVIN KENNETH ROY.[*] No. 38,942.Supreme Court of Minnesota. June 21, 1963. [*] Certiorari denied by U.S. Supreme Court December 16, 1963. Criminal law — arraignment — failure to conform to statutes — effect. 1. While it is better practice to conform to the letter of the arraignment statutes, failure to […]

Sherry Lynn VAUGHN and Ramsey County, Respondent, v. Edward LOVE, Appellant. No. C8-83-1816.Minnesota Court of Appeals. April 17, 1984. Petition for Permission to Appeal Denied July 26, 1984. Appeal from the District Court, Ramsey County, Edward D. Mulally, J. Page 819 Syllabus by the Court 1. The trial court acted within its discretion when it […]

Joseph B. CAMPBELL, Relator, v. MINNEAPOLIS STAR TRIBUNE CO., Respondent, Commissioner of Economic Security, Respondent. No. C1-83-1799.Minnesota Court of Appeals. March 21, 1984. Page 804 Syllabus by the Court When an employee is discharged after numerous violations of the employer’s work rules, the cumulative effect of these violations constitutes misconduct and the employee is disqualified […]

In the Matter of the WELFARE OF S.E.M., child. No. C6-87-2259.Minnesota Court of Appeals. March 22, 1988. Appeal from the District Court, Cass County, Michael J. Haas, J. Syllabus by the Court Where the facts establish by clear and convincing evidence that a juvenile is not suitable for treatment or that the public safety is […]

52 N.W.2d 113 JAMES A. FETSCH v. MIKE HOLM. SARALOU MATHER, INTERVENER.[1] [2] No. 35,799.Supreme Court of Minnesota. March 7, 1952. [1] Reported in 52 N.W.2d 113. [2] In the above entitled matter, it is ordered that the motion for an order summarily discharging the order to show cause herein and dismissing the petition, be […]

In re the Matter of Douglas Allen CROSBY, petitioner, Respondent, v. Dawn Rachelle CROSBY, Appellant. In re the Marriage of Douglas Allen Crosby, petitioner, Respondent, v. Dawn Rachelle Crosby, Appellant. No. C0-98-339.Minnesota Court of Appeals. December 15, 1998. Review Denied February 18, 1999. APPEAL FROM DISTRICT COURT, BELTRAMI COUNTY, PAUL RASMUSSEN, J. Page 293 [EDITORS’ […]

BRAINERD DAILY DISPATCH, a division of Morris Communications Company, LLC, Appellant, v. Jim DEHEN, et al., Respondents. No. A04-909.Minnesota Court of Appeals. March 22, 2005. Appeal from the District Court, Crow Wing County, Richard A. Zimmerman, J. Page 436 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

104 N.W.2d 546 HENRY O. ROBERTS v. MOTOR CARGO, INC., AND ANOTHER. No. 37,965.Supreme Court of Minnesota. July 15, 1960. Workmen’s compensation — proceedings — review — findings of commission — view of evidence. 1. The record in the instant case establishes that employee sustained a compensable injury on July 3, 1952; that, as a […]

In re the Marriage of Dorothea A. BURY, Petitioner, Respondent, v. Richard B. BURY, Appellant. No. C9-87-814.Minnesota Court of Appeals. December 1, 1987. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Page 134 Syllabus by the Court 1. The trial court’s division of marital assets will be affirmed in the absence of […]

Paul Mitchell KRANZ, Jr., Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C3-95-885.Minnesota Court of Appeals. November 14, 1995. Appeal from the District Court, Washington County, Donald J. Venne, J. Syllabus by the Court Driver is entitled to involuntary dismissal of case in license revocation hearing where Commissioner fails to produce evidence showing a […]

Paul Edward GRIMM, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C6-90-2546.Minnesota Court of Appeals. May 21, 1991. Appeal from the District Court, Carver County, John C. Schmidt, J. Syllabus by the Court Minn. Stat. § 634.15, subd. 1 (1988) does not require that the signature of the crime laboratory analyst be notarized before […]

Fred E. MEYER, Jr., Appellant, v. MASON PUBLISHING COMPANY, etc., Respondent. No. CX-84-2234.Minnesota Court of Appeals. August 13, 1985. Appeal from the Municipal Court, Ramsey County, Allan R. Markert, J. Syllabus by the Court 1. When a motion for new trial is not made, the scope of review on appeal is Page 404 limited to […]

41 N.W.2d 579 STATE EX REL. ROY F. GAGNON v. LEO F. UTECHT.[1] , [2] No. 35,214.Supreme Court of Minnesota. March 3, 1950. [1] Reported in 41 N.W.2d 579. [2] Certiorari denied, 339 U.S. 988, 70 S.Ct. 1012, 94 L. ed. ___. Habeas corpus — proceedings — petition — sufficiency. Appeal by Roy F. Gagnon […]

Louis BODE, Appellant, v. Myron BODE, et al., Defendants and Third-Party Plaintiffs, Respondents, v. Lynn BODE, Third-Party Defendant, Appellant. No. C7-92-714.Minnesota Court of Appeals. December 29, 1992. Appeal from the District Court, Nicollet County, Richard L. Kelly, J. Page 302 Syllabus by the Court Where the location of an easement by necessity has not been […]

STATE of Minnesota, Respondent, v. Gary Richard LOHMEIER, Appellant. No. 81-228.Supreme Court of Minnesota. November 5, 1982. Appeal from the District Court, Kanabec County, Thomas G. Forsberg, J. Syllabus by the Court Record on appeal establishes that evidence of defendant’s guilt was sufficient, that trial court did not err in denying motion for a change […]

In re the Marriage of James L. GUSTAFSON, Petitioner, Respondent, v. Gail A. GUSTAFSON, Appellant. No. C8-85-640.Minnesota Court of Appeals. November 5, 1985. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Syllabus by the Court The evidence supports the trial court’s determination to change custody of children from appellant to respondent. Dorsey […]

STATE, by Linda C. JOHNSON, Commissioner of the Department of Human Rights, Respondent, v. SCIENTIFIC COMPUTERS, INC., Relator. No. C3-85-2053.Supreme Court of Minnesota. July 2, 1986. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Scientific Computers, Inc. for further review of the decision of the […]

In the Matter of the WELFARE OF B.A.B., Juvenile. No. C7-97-1140.Minnesota Court of Appeals. January 13, 1998. Appeal from the District Court, Waseca County, Renee L. Worke, J. Page 777 Syllabus by the Court A parent’s persistent failure to secure a child’s regular attendance at school supports an adjudication that the child is in need […]

STATE of Minnesota, Respondent, v. Michael Timothy GORMAN, Petitioner, Appellant. No. C6-94-1650.Supreme Court of Minnesota. April 19, 1996. Appeal from the District Court, Ramsey County, Paulette K. Flynn, J. Page 6 Syllabus by the Court 1. Defendant with five prior felony convictions was properly sentenced as a career offender. 2. Under the career offender statute, […]

Estate of Elmer J. SPIESS, deceased, JoAnn B. Carlson, Personal Representative, Respondent, v. Frank SCHUMM, Appellant. No. C3-89-957.Minnesota Court of Appeals. July 3, 1989. Appeal from the District Court, McLeod County, L.W. Yost, J. Page 180 Syllabus by the Court 1. Appeals involving multi-party bank accounts are governed by the Rules of Civil Appellate Procedure. […]

226 N.W.2d 320 BURMEISTER ELECTRIC COMPANY v. MARLIN LEE AND ANOTHER. No. 44819.Supreme Court of Minnesota. February 14, 1975. Contracts — action to compel conveyance — finding lease-purchase agreement had not been terminated — sufficiency of evidence. Action in the Hennepin County District Court for specific performance of an agreement whereby defendant Marlin Lee was […]

243 N.W.2d 157 ALICE T. WESTENDORF v. CAMPBELL SOUP COMPANY AND ANOTHER. No. 46118.Supreme Court of Minnesota. June 11, 1976. Workmen’s compensation — award for permanent and total disability — effect of earlier award — sufficiency of evidence. Certiorari upon the relation of Campbell Soup Company, employer, and Liberty Mutual Insurance Company, its insurer, to […]

STATE of Minnesota, Commissioner of Human Services, Appellant, v. M.L.A., n/k/a M.L.M., Respondent. No. A09-2105.Minnesota Court of Appeals. July 20, 2010. Appeal from the District Court, St. Louis County, Mark M. Starr, J. Page 764 SYLLABUS A district court may not order the expungement of records maintained outside of the judicial branch pursuant to its […]

In re the Marriage of Edwin Arthur STEINKE, Petitioner, Respondent, v. Kathleen Hope STEINKE, Appellant. No. C2-88-910.Minnesota Court of Appeals. August 23, 1988. Appeal from the District Court, Dakota County, Robert F. Carolan, J. Page 580 Syllabus by the Court 1. The trial court erred in failing to make the threshold determination of which parent […]

Karen Lou MOORE, Respondent, v. JOHN E. BLOMQUIST, INC., et al., Appellants. No. 46787.Supreme Court of Minnesota. July 15, 1977. Appeal from the Municipal Court, Ramsey County, William J. Fleming, J. Doherty, Rumble Butler and Bruce E. Hanson, St. Paul, for appellants. Patrick R. Sweeney, St. Paul, for respondent. Considered and decided by the court […]

In re PETITION for REINSTATEMENT OF Donald J. FRALEY, a Minnesota Attorney, Registration No. 31392. No. A06-975.Supreme Court of Minnesota. September 19, 2006. ORDER By order filed on February 14, 2006, we indefinitely suspended petitioner Donald J. Fraley with no right to petition for reinstatement for a minimum of 90 days. In re Fraley, 709 […]

137 N.W.2d 200 GEORGE KRONSCHNABEL v. CITY OF ST. PAUL. THE LUTHERAN CHURCH-MISSOURI SYNOD, INTERVENOR. Nos. 39,580, 39,581.Supreme Court of Minnesota. September 10, 1965. Municipal corporations — property acquired from state for governmental purpose — power of city to sell. 1. State property transferred to a municipality “for educational purposes and as a perpetual playground […]

191 N.W.2d 398 STATE v. CHARLES GREENFIELD. No. 41950.Supreme Court of Minnesota. October 22, 1971. Criminal law — acceptance of guilty plea — propriety. Appeal by Charles R. Greenfield from a judgment of the Kandiyohi County District Court, C. A. Rolloff, Judge, whereby he was convicted of aggravated assault. Affirmed. C. Paul Jones, State Public […]

31 N.W.2d 439 MAY A. SULLIVAN, EXECUTRIX OF ESTATE OF ALICE C. MANTERNACH, v. FREDA BROWN AND ANOTHER.[1] No. 34,564.Supreme Court of Minnesota. March 5, 1948. [1] Reported in 31 N.W.2d 439. Appeal and error — review — findings of fact. 1. The findings of a trial court will not be reversed on appeal unless […]

Todd Allen FOSTER, petitioner, Appellant, v. Jennifer Elizabeth FOSTER, Respondent. No. A10-1775.Minnesota Court of Appeals. June 27, 2011. Appeal from the District Court, Hennepin County, William H. Koch, J. Page 756 SYLLABUS After the district court determines that changing a minor child’s name pursuant to Minn. Stat. § 259.11(a) (2010), is in the best interests […]

STATE of Minnesota, Appellant, v. Daryl Duane ALT, Respondent. No. C3-90-2651.Minnesota Court of Appeals. May 21, 1991. Appeal from the District Court, Olmsted County, Gerard W. Ring, J. Syllabus by the Court 1. The trial court did not err in suppressing evidence seized during the nighttime execution of a search warrant which specifically authorized a […]

90 N.W.2d 219 STATE EX REL. ROBERT FARRINGTON PETT v. CARL J. JACKSON. No. 37,493.Supreme Court of Minnesota. May 16, 1958. Juvenile delinquents — criminal prosecution — jurisdictional requirements. 1. Under this court’s construction of M.S.A. c. 260 in State ex rel. Knutson v. Jackson, 249 Minn. 246, 82 N.W.2d 234, before district court acquires […]

Kent LALLIER, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C1-86-1669.Minnesota Court of Appeals. April 14, 1987. Appeal from the Goodhue County District Court, Raymond Pavlak, J. Syllabus by the Court The trial court did not err by denying appellant’s post conviction petition to withdraw his guilty plea. Appellant acknowledged at the time of the […]

In re Petition for DISCIPLINARY ACTION AGAINST Ragnhild A. WESTBY, an Attorney at Law of the State of Minnesota. No. CX-96-1459.Supreme Court of Minnesota. December 11, 1997. Page 279 ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Ragnhild A. Westby has committed […]

Jeremy POMANI, a minor, by Sharlene Parkhurst POMANI, his mother and natural guardian, and Sharlene Parkhurst Pomani, individually, Appellants, v. Jack Lynne UNDERWOOD, M.D., Respondent. No. CX-84-869.Minnesota Court of Appeals. April 2, 1985. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 287 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

102 N.W.2d 36 WALTER G. QUICK v. BENEDICTINE SISTERS HOSPITAL ASSOCIATION, d.b.a. ST. MARY’S HOSPITAL. No. 37,828.Supreme Court of Minnesota. March 25, 1960. Hospital — care required for patient’s safety — condition of patient. 1. A patient entering a hospital operated for the treatment and cure of mental and nervous disorders, for private gain, is […]

STATE of Minnesota, Respondent, v. Earl William CROCKER, Appellant. No. C4-86-1312.Minnesota Court of Appeals. March 31, 1987. Review Granted May 20, 1987. Appeal from the District Court, Winona County, Lawrence T. Collins, J. Syllabus by the Court 1. The trial court erred by admitting Spreigl evidence. 2. The Spreigl evidence should not have been presented […]

Thomas J. LYONS, Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Respondent. No. C0-84-301.Minnesota Court of Appeals. September 25, 1984. Appeal from the District Court, Hennepin County, Robert E. Bowen, J. Syllabus by the Court A claim brought against an attorney by his former law partners for recovery of fees under an arbitration agreement with respect to […]

Brian SMITH, Petitioner, v. Mary KIFFMEYER, in her official capacity as Secretary of State, Respondent, Jill Alverson, in her official capacity as Hennepin County Auditor, Respondent. No. A06-1527.Supreme Court of Minnesota. September 28, 2006. Appeal from the wrong election official, filed petition seeking order directing that his name be placed on primary election ballot. Page […]

239 N.W.2d 763 BURTON M. JOSEPH, EXECUTOR OF THE ESTATE OF I. S. JOSEPH, v. COMMISSIONER OF TAXATION. No. 45627.Supreme Court of Minnesota. February 27, 1976. Taxation — inheritance tax — assessment on monthly death benefits — propriety. Appeal by Burton M. Joseph, executor of the estate of I. S. Joseph, from a judgment of […]

209 N.W.2d 392 JEFFREY YOUNG, A MINOR, BY HIS FATHER AND NATURAL GUARDIAN, WILLIAM YOUNG, AND ANOTHER v. DALE LEE HANSEN. No. 43827.Supreme Court of Minnesota. June 29, 1973. Automobiles — automobile-pedestrian accident — negligence of pedestrian. 1. The trial court correctly concluded that the evidence in this case presented a question for the jury […]

STATE of Minnesota, Respondent, v. Brett David BORG, Appellant. No. A09-243.Minnesota Court of Appeals. March 9, 2010. Appeal from the District Court, Mille Lacs County, Steven P. Ruble, J. Page 9 SYLLABUS Testimony in the state’s case-in-chief concerning the accused’s pre-counseled, pre-arrest, and pre-Miranda silence is not admissible. Lori Swanson, Attorney General, St. Paul, MN; […]