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; […]
Category: Minnesota Court Opinions
STATE v. TENSLEY, A08-485 (Minn. 7-22-2009)
State v. Reginald Tensley. No. A08-485.Supreme Court of Minnesota. Filed July 22, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
STANDSLAST v. STATE, 328 N.W.2d 728 (Minn. 1983)
Thomas STANDSLAST, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. 82-412.Supreme Court of Minnesota. January 14, 1983. Appeal from the District Court, Cass County, James E. Preece, J. Page 729 Syllabus by the Court Postconviction court properly denied petition seeking resentencing according to the Minnesota Sentencing Guidelines. C. Paul Jones, Public Defender, and Elizabeth B. […]
MATTER OF JOHNSON, 358 N.W.2d 469 (Minn.App. 1984)
In the Matter of Steven T. JOHNSON, Director, Scott County Court Services. No. C6-84-1419.Minnesota Court of Appeals. December 4, 1984. Appeal from the District Court, Scott County, Mitchell A. Dubow, J. Page 470 Syllabus by the Court 1. Under the facts in this case, the judges of the First Judicial District have the authority to […]
MILLER v. AMERICAN NATIONAL BANK, 216 Minn. 19 (1943)
11 N.W.2d 655 GEORGE H. MILLER v. AMERICAN NATIONAL BANK IN LITTLE FALLS AND ANOTHER.[1] No. 33,360.Supreme Court of Minnesota. October 29, 1943. [1] Reported in 11 N.W.2d 655. Malicious prosecution — defense to action — advice of counsel. 1. Where a person states fully and fairly to an attorney all the facts known to […]
IN RE ESTATE OF BERNIER, 269 Minn. 390 (1964)
131 N.W.2d 42 IN RE ESTATE OF BERNTENE G. BERNIER. CARL B. KNUDSEN v. NELLIE M. MINER AND ANOTHER. No. 39,459.Supreme Court of Minnesota. October 16, 1964. Appeal and error — appeal from probate court — timeliness — sufficiency of notice of filing of order. Service of notice that a described will was “allowed” by […]
IN MATTER OF THE WELFARE OF T.F., C1-97-1120 (Minn.App. 5-26-1998)
In the Matter of the Welfare of: T.F. No. C1-97-1120.Minnesota Court of Appeals. Filed May 26, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 the District Court, […]
MARTIN v. REGIONS HOSPITAL, A03-1271 (Minn.App. 4-27-2004)
Jodi A. Martin, Ph.D., L.P., Appellant, v. Regions Hospital, a wholly-owned subsidiary of HealthPartners, Inc., Respondent. No. A03-1271.Minnesota Court of Appeals. Filed April 27, 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, […]
STATE v. RODRIGUEZ, A04-2192 (Minn.App. 7-19-2005)
State of Minnesota, Respondent, v. Pedro Rodriguez, Appellant. No. A04-2192.Minnesota Court of Appeals. Filed July 19, 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. 3 (2004). Appeal from the District Court, […]
IDEKER v. LaCRESCENT NURSING CENTER, INC., 296 Minn. 240 (1973)
207 N.W.2d 713 JANET R. IDEKER AND ANOTHER v. LaCRESCENT NURSING CENTER, INC. No. 43844.Supreme Court of Minnesota. May 18, 1973. Unemployment compensation — unemployment benefits — misconduct justifying forfeiture — use of hostile language to patient. Certiorari upon the relation of LaCrescent Nursing Center, Inc., employer, to review a decision of the commissioner of […]
STATE v. STEWART, A07-1891 (Minn. 4-21-2009)
State v. Darrell Lewis Stewart. No. A07-1891.Supreme Court of Minnesota. Filed April 21, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
O’DONNELL v. MALONEY, 163 Minn. 139 (1925)
203 N.W. 594 J.J. O’DONNELL v. T.F. MALONEY AND OTHERS.[1] No. 24,523.Supreme Court of Minnesota. May 1, 1925. [1] Reported in 203 N.W. 594. Assumption of mortgage by grantee in deed. Record examined and held sufficient to justify the findings of the trial court to the effect that a grantee in a deed containing clause […]
IN MATTER OF THE WELFARE OF J.A.A., C5-00-77 (Minn.App. 9-5-2000)
In the Matter of the Welfare of: J.A.A. No. C5-00-77.Minnesota Court of Appeals. Filed September 5, 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 District Court, […]
TURNER v. SCHUMACHER MOTOR EXPRESS, INC., 230 Minn. 172 (1950)
41 N.W.2d 182 VIOLET TURNER v. SCHUMACHER MOTOR EXPRESS, INC. AND ANOTHER. MOORE MOTOR FREIGHT LINES, INC. AND OTHERS, RELATORS.[1] No. 35,005.Supreme Court of Minnesota. February 3, 1950. [1] Reported in 41 N.W.2d 182. Workmen’s compensation — persons within act — motor-carrier employer leasing vehicle to another with its employe as operator. A motor carrier […]
IN RE MARRIAGE OF BLOOFLAT v. BLOOFLAT, A05-1080 (Minn.App. 4-11-2006)
In re the Marriage of: Dorene Marjorie Blooflat, petitioner, Respondent, v. Bennett David Blooflat, Appellant. Nos. A05-1080, A05-1414.Minnesota Court of Appeals. Filed April 11, 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, […]
IOWA ELECTRIC LIGHT POWER CO. v. CITY OF FAIRMONT, 243 Minn. 176 (1954)
67 N.W.2d 41 IOWA ELECTRIC LIGHT POWER COMPANY AND ANOTHER v. CITY OF FAIRMONT.[1] No. 36,282.Supreme Court of Minnesota. November 19, 1954. [1] Reported in 67 N.W.2d 41. Eminent domain — personal property — applicability of c. 117. 1. M.S.A. 454.01 authorizes any city of the first class in Minnesota, except cities operating under a […]
ROEHRDANZ v. BRILL, 682 N.W.2d 626 (Minn. 2004)
George M. Roehrdanz, Appellant, v. Toby Brill, Respondent. No. CX-03-137.Supreme Court of Minnesota. Filed July 15, 2004. Appeal from the Minnesota Court of Appeals. Page 627 SYLLABUS A litigant may remove an action from conciliation court to district court by serving a demand for removal by first-class mail under Minn. Gen. R. Prac. 521(b)(1); a […]
IN MATTER OF THE WELFARE OF D.J., A03-1912 (Minn.App. 9-22-2004)
In the Matter of the Welfare of: D.J. No. A03-1912.Minnesota Court of Appeals. September 22, 2004. Hennepin County. Hon. Margaret A. Daly. CASE DISPOSED BY ORDER OPINION Willis, J. Reversed and remanded.
AUTO-OWNERS INSURANCE CO. v. WENSMANN HOMES, A10-796 (Minn.App. 1-11-2011)
Auto-Owners Insurance Company, Appellant, v. Wensmann Homes, Inc., Respondent. No. A10-796.Minnesota Court of Appeals. Filed January 11, 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 the District […]
STATE v. RISING, A09-1913 (Minn.App. 8-24-2010)
State of Minnesota, Respondent, v. Randy Travis Rising, Appellant. No. A09-1913.Minnesota Court of Appeals. Filed August 24, 2010. [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 […]
CARY v. CARY, 177 Minn. 144 (1929)
225 N.W. 11 GRACE O. CARY v. ARCHIBALD M. CARY.[1] No. 27,057.Supreme Court of Minnesota. April 12, 1929. [1] Reported in 225 N.W. 11. Decree for alimony of wife and a child valid but subject to revision. A judgment granting plaintiff a divorce required defendant, because of a written stipulation of the parties, to make […]
STATE v. BOLTS, 288 N.W.2d 718 (Minn. 1980)
STATE of Minnesota, Respondent, v. Kirk Anderson BOLTS, Appellant. No. 49218.Supreme Court of Minnesota. February 15, 1980. Appeal from the District Court, Hennepin County, Allen Oleisky, J. Page 719 Syllabus by the Court Trial court did not abuse its discretion in admitting other-crime evidence, and evidence of defendant’s guilt of the crime of uttering a […]
FORSEEN v. TIRE RETREAD CO. INC., 271 Minn. 399 (1965)
136 N.W.2d 75 HARRY N. FORSEEN v. TIRE RETREAD COMPANY, INC., AND ANOTHER. No. 39,677.Supreme Court of Minnesota. June 18, 1965. Workmen’s compensation — compensable injury — aggravation of preexisting disease by employment. Under the authority of Gillette v. Harold, Inc. 257 Minn. 313, 101 N.W.2d 200, an award of compensation to an employee for […]
ZAITZ v. MINNEAPOLIS DOWNTOWN COUNCIL, A10-1897 (Minn.App. 7-5-2011)
Judith Zaitz, Appellant, v. Minneapolis Downtown Council, et al., Respondents. No. A10-1897.Minnesota Court of Appeals. Filed July 5, 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 the […]
INFO-BAHN v. BROWN, C1-00-1758 (Minn.App. 5-15-2001)
Info-Bahn, Inc., Appellant, v. Paul Brown, et al., Respondents, and Paul Brown, et al., Third-Party Plaintiffs, vs. Laurie Holbrook, et al., Third-Party Defendants. No. C1-00-1758.Minnesota Court of Appeals. Filed May 15, 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 […]
NITZ v. NITZ, 456 N.W.2d 450 (Minn.App. 1990)
Karen NITZ, Appellant, v. David NITZ, defendant and third-party plaintiff, Respondent, v. DAVID NITZ, INC., third-party defendant, Respondent. No. C8-89-2204.Minnesota Court of Appeals. May 29, 1990. Appeal from the District Court, Hennepin County, Thomas H. Carey, J. Syllabus by the Court Where two successive suits involve the same parties and seek recovery for the same […]
SHORMA FAMILY TRUST v. MAINE TOWNSHIP, C9-01-1548 (Minn.App. 4-16-2002)
Shorma Family Trust, Respondent, v. Maine Township, a Political Subdivision of the State of Minnesota, Appellant. No. C9-01-1548.Minnesota Court of Appeals. Filed April 16, 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, […]
IN RE PETITION FOR DISCP. ACTION, PETERSON, 660 N.W.2d 419 (Minn. 2003)
In re Petition for Disciplinary Action against Brian J. Peterson, an Attorney at Law of the State of Minnesota. (No. CX-00-2049), and In re Petition for Reinstatement of Brian J. Peterson, a Minnesota Attorney, Registration No. 85625. (CX-03-221). No. CX-00-2049 and CX-03-221.Supreme Court of Minnesota. Filed: May 2, 2003 ORDER PER CURIAM. This court indefinitely […]
PICKANDS MATHER CO. v. COM’R OF REVENUE, 334 N.W.2d 155 (Minn. 1983)
PICKANDS MATHER CO., as Managing Agent for Erie Mining Company, Respondent, v. The COMMISSIONER OF REVENUE, Relator (C5-82-94), and Range Municipalities and Civil Association, Relator (C7-82-95). Nos. C5-82-94, C7-82-95.Supreme Court of Minnesota. May 13, 1983. Rehearing Denied August 16, 1983. Appeal from the Tax Court. Page 156 Syllabus by the Court 1. In computing the […]
SWAN LAKE ASS’N v. NICOLLET COM’RS, 711 N.W.2d 522 (Minn.App. 2006)
STATE of Minnesota ex rel. SWAN LAKE AREA WILDLIFE ASSOCIATION, petitioner, Respondent, v. NICOLLET COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant, v. Marlin Fitzner, et al., intervenor, Respondents. No. A05-1001.Minnesota Court of Appeals. April 4, 2006. Appeal from the District Court, Nicollet County, John Raymond Moonan, J. Page 523 Syllabus by the Court The district court […]
KILGORE-BEY v. STATE, A05-956 (Minn. 5-16-2006)
Malachi Kilgore-Bey v. State. No. A05-956.Supreme Court of Minnesota. Filed May 16, 2006. Order on petition for further review. Denied.
BRUNELL v. KYLE, A06-886 (Minn. 6-27-2007)
Jerilynn Brunell, et al. v. Barb Kyle, et al., Joel Erickson. No. A06-886.Supreme Court of Minnesota. Filed: June 27, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
KUSKE v. KUSKE, A11-146 (Minn.App. 8-8-2011)
Jane Ann Kuske, n/k/a Jane Ann Holm, petitioner, Respondent, v. Stephen Edward Kuske, Appellant. No. A11-146.Minnesota Court of Appeals. Filed August 8, 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 […]
IN RE TRUST UNDER WILL OF DAVIDSON, 223 Minn. 268 (1947)
26 N.W.2d 223 IN RE TRUST CREATED BY LAST WILL OF ALFRED ROLLAND DAVIDSON. EDWARD L. BOYLE v. STEPHEN R. KIRBY.[1] No. 34,347.Supreme Court of Minnesota. February 21, 1947. [1] Reported in 26 N.W.2d 223. Infant — removal of disabilities — majority. 1. A person who has reached his majority has thereby arrived at the […]
STATE v. KENNEDY, A08-0631 (Minn.App. 4-28-2009)
State of Minnesota, Respondent, v. Apollyon Abbdon Kennedy, Appellant. No. A08-0631.Minnesota Court of Appeals. Filed April 28, 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 […]
O’HARA v. CRAWHALL, 201 Minn. 618 (1938)
277 N.W. 232 EMMA O’HARA v. L. W. CRAWHALL.[1] No. 31,460.Supreme Court of Minnesota. January 14, 1938. [1] Reported in 277 N.W. 232. Executor and administrator — action — pleading. 1. Denial of execution of an instrument puts in issue its making, the genuineness of the signature, and delivery. Same — claim — burden of […]
MIDCOUNTRY BANK v. KRUEGER, 782 N.W.2d 238 (Minn. 2010)
MIDCOUNTRY BANK, f/k/a First Federal fsb, Respondent, v. Frederick C. KRUEGER and Nancy Krueger, Respondents, Cherolyn A. Hinshaw, et al., Appellants. No. A08-534.Supreme Court of Minnesota. May 20, 2010. Appeal from the District Court, Scott County, Rex D. Stacey, J. Page 239 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
IN RE BORMANN v. BORMANN, C3-00-1647 (Minn.App. 3-6-2001)
In Re the Marriage of: Laurel Anne Bormann, petitioner, Appellant, v. Jon Bernard Bormann, Respondent. No. C3-00-1647.Minnesota Court of Appeals. Filed March 6, 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. […]
GARDNER v. COMMISSIONER OF PUBLIC SAFETY, 423 N.W.2d 110 (Minn.App. 1988)
Bret Stephen GARDNER, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C9-87-2272.Minnesota Court of Appeals. May 17, 1988. Appeal from the District Court, Hennepin County, Robert E. Bowen, J. Page 111 Syllabus by the Court 1. In a hearing held pursuant to Minn.Stat. § 171.19 (1986), the trial court erred when, feeling that it […]
STATE v. STARK, C0-01-1048 (Minn.App. 5-28-2002)
State of Minnesota, Respondent, v. Mitchell John Stark, Appellant. No. C0-01-1048Minnesota Court of Appeals. Filed May 28, 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 […]
PARKER v. COMMONBOND HOUSING (CORP), A05-2169 (Minn.App. 8-29-2006)
Raymond Parker, Relator, v. Commonbond Housing (Corp), Respondent. Department of Employment and Economic Development, Respondent. No. A05-2169.Minnesota Court of Appeals. Filed August 29, 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. […]
STATE v. CICHON, 458 N.W.2d 730 (Minn.App. 1990)
STATE of Minnesota, Respondent, v. Simon John CICHON, Appellant. No. C4-89-1874.Minnesota Court of Appeals. August 14, 1990. Review Denied September 28, 1990. Appeal from the District Court, Hennepin County, Dolores Orey, J. Page 731 Syllabus by the Court 1. Spreigl evidence of an offense committed 14 years prior to charged offense properly admissible when it […]
MILLER v. RADKE, 162 Minn. 202 (1925)
202 N.W. 821 HARRY C. MILLER v. EMIL RADKE.[1] No. 24,348.Supreme Court of Minnesota. March 6, 1925. [1] Reported in 202 N.W. 821. Assignments of error not sustained. 1. There are 17 assignments of error in this case, each going directly to the rulings upon the reception or exclusion of evidence, each of which has […]
STATE v. STEWART, A06-1928 (Minn.App. 10-16-2007)
State of Minnesota, Respondent, v. Malissa M. Stewart, Appellant. No. A06-1928.Minnesota Court of Appeals. Filed October 16, 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 […]
IN RE MARRIAGE OF DEMING v. DEMING, A03-1375 (Minn.App. 5-18-2004)
In re the marriage of: James S. Deming, petitioner, Appellant, v. Kathleen A. Deming, Respondent. No. A03-1375.Minnesota Court of Appeals. Filed May 18, 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, subd. […]
HANSEN v. COMMISSIONER OF PUBLIC SAFETY, 393 N.W.2d 702 (Minn.App. 1986)
Paul Henry HANSEN, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C8-86-485.Minnesota Court of Appeals. October 7, 1986. Appeal from the District Court, Stearns County, Richard J. Ahles, J. Page 703 Syllabus by the Court Where a driver was unable to provide an adequate breath sample due to physical inability, and the officer offered […]
HOUGHTON v. STATE, 296 Minn. 494 (1973)
207 N.W.2d 63 ROY HOUGHTON v. STATE. No. 43092.Supreme Court of Minnesota. April 27, 1973. Criminal law — postconviction proceeding — denial of relief — propriety. Appeal by Roy Houghton from an order of the Ramsey County District Court, Stephen L. Maxwell, Judge, denying his petition for postconviction relief after a conviction of murder in […]
MAURER v. BRAUN’S LOCKER PLANT, 298 N.W.2d 439 (Minn. 1980)
Edward MAURER, a.k.a. Red Maurer, Respondent, v. BRAUN’S LOCKER PLANT, et al., Relators (50156), Woody’s Meat Market, et al., Relators (50163), T. H. Schaefer Sons, Inc., et al., Employer and Insurer, and State Treasurer, Custodian of the Special Compensation Fund. Nos. 50156, 50163.Supreme Court of Minnesota. July 3, 1980. Syllabus by the Court The Worker’s […]
STATE, BY ST. LOUIS CO. WELFARE DEPT. v. NIEMI, 284 Minn. 225 (1969)
169 N.W.2d 758 STATE, BY ST. LOUIS COUNTY WELFARE DEPARTMENT, v. SEFFRIE BEN NIEMI AND ANOTHER. IN RE WELFARE OF CINDY HILL AND OTHERS. DEWARD GREENWOOD AND ANOTHER v. ST. LOUIS COUNTY WELFARE DEPARTMENT AND OTHERS. Nos. 41274, 41363.Supreme Court of Minnesota. August 1, 1969. Parent and child — Juvenile Court Act — purpose — […]
LaVALLE v. KULKAY, 277 N.W.2d 400 (Minn. 1979)
Lloyd M. LaVALLE, et al., Respondents, v. Faye KULKAY, et al., Appellants. No. 48307.Supreme Court of Minnesota. March 30, 1979. Appeal from the District Court, Carver County, J. Jerome Kluck, J. Syllabus by the Court 1. There is sufficient evidence to support the trial court’s finding that the original grantors had a general plan in […]
WEISMAN v. MASSACHUSETTS MUTUAL L. INS. CO., 196 Minn. 574 (1936)
265 N.W. 431 WILLIAM WEISMAN AND OTHERS v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY.[1] No. 30,900.Supreme Court of Minnesota. March 6, 1936. [1] Reported in 265 N.W. 431. Mortgage — redemption — mortgage moratorium law — scope of relief. The mortgage moratorium law (L. 1935, c. 47) construed as having created an enlargement of the equity […]
STATE v. MANCINO, 257 Minn. 580 (1960)
102 N.W.2d 504 STATE v. JAMES MANCINO. No. 37,733.Supreme Court of Minnesota. April 14, 1960. Criminal law — information — sufficiency — statutory tests. 1. Provisions applicable to indictments under M.S.A. 628.18 apply equally to informations. §§ 628.29, 628.30. Indictment or information otherwise sufficient is not defeated by fact that it is inartfully drawn or […]
STATE v. GARZA, C6-02-125 (Minn.App. 11-12-2002)
State of Minnesota, Respondent, v. Gilberto Garza, Jr., Appellant. No. C6-02-125.Minnesota Court of Appeals. Filed November 12, 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 […]
STATE v. WARD, CX-97-1598 (Minn.App. 4-14-1998)
State of Minnesota, Respondent, v. Darrell Clarence Ward, Appellant. No. CX-97-1598.Minnesota Court of Appeals. Filed April 14, 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 the District […]
McGUCKIN v. HARVEY, 177 Minn. 208 (1929)
225 N.W. 19 H. J. McGUCKIN v. THOMAS J. HARVEY AND ANOTHER.[1] No. 26,831.Supreme Court of Minnesota. April 19, 1929. [1] Reported in 225 N.W. 19. Contract for buying a hotel business was not rescinded by consent. 1. The plaintiff claiming fraud assumed to rescind the purchase of a hotel property of the defendants and […]
REYNOLD v. REYNOLDS, 458 N.W.2d 103 (Minn. 1990)
In re the Marriage of Corrine Marie REYNOLDS, petitioner, Respondent, v. Michael R. REYNOLDS, Respondent, v. COUNTY OF NICOLLET, intervenor, Appellant, v. Patrick SULLIVAN, third-party respondent, Respondent, Jim Sullivan, third-party respondent, Respondent. No. C8-89-1618.Supreme Court of Minnesota. July 20, 1990. Appeal from the District Court, Nicollet County, Warren E. Litynski, J. Syllabus by the Court […]
STATE v. VAN GORDEN, 326 N.W.2d 633 (Minn. 1982)
STATE of Minnesota, Respondent, v. John VAN GORDEN, Appellant. No. 82-340.Supreme Court of Minnesota. November 24, 1982. Appeal from the District Court, Hennepin County, Robert Bowen, J. Syllabus by the Court Presence of severe aggravating circumstances justified durational departure of greater than two times the presumptive sentence established by the Minnesota Sentencing Guidelines. C. Paul […]
JOHNSON v. JOHNSON, C1-00-30 (Minn.App. 6-20-2000)
Christopher K. Johnson, individually, and on behalf of Christopher K. Johnson and Brian T. Johnson, doing business as C.B. Repair, Respondent, v. Suk Johnson, as Personal Representative on behalf of the Estate of Brian T. Johnson and on behalf of Christopher K. Johnson and Suk Johnson, as Personal Representative on behalf of the Estate of […]
IN RE HANSON, 592 N.W.2d 130 (Minn. 1999)
In Re Petition for Disciplinary Action against Kim L. Hanson, an Attorney at Law of the State of Minnesota. No. C5-98-1096.Supreme Court of Minnesota. Dated May 5, 1999. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Kim L. Hanson has committed professional […]
STATE v. ZACCARDI, 280 Minn. 291 (1968)
159 N.W.2d 108 STATE v. RICHARD JOSEPH ZACCARDI. No. 40,847.Supreme Court of Minnesota. May 17, 1968. Criminal law — rape conviction — evidence of identity and lack of consent — sufficiency. 1. In a prosecution for rape, evidence of identity and lack of consent held sufficient to sustain a conviction. Page 292 Same — rape […]
DANIELSON v. DANIELSON, 721 N.W.2d 335 (Minn.App. 2006)
In re the Marriage of Kelly DANIELSON, petitioner, Appellant, Shane DANIELSON, Respondent. No. A05-2569.Minnesota Court of Appeals. September 12, 2006. Appeal from the District Court, Cook County, Kenneth A. Sandvik, J. Page 336 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 337 […]
BUCHER REALTY, INC. v. BOT, C8-02-787 (Minn.App. 11-19-2002)
Bucher Realty, Inc., petitioner, vs. Joseph V. Bot, Appellant, and Connie Yeh Sheng, Respondent. No. C8-02-787.Minnesota Court of Appeals. Filed November 19, 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 […]
IN MATTER OF THE WELFARE OF I.A.Q., C4-01-680 (Minn.App. 11-13-2001)
In the Matter of the Welfare of: I.A.Q. and H.A.G., Children. No. C4-01-680.Minnesota Court of Appeals. Filed November 13, 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 […]
STATE v. FARRAR, 271 Minn. 330 (1965)
136 N.W.2d 68 STATE v. CLARENCE WAYNE FARRAR. No. 39,434.Supreme Court of Minnesota. June 11, 1965. Criminal law — right to counsel — appointment of former judge — adequacy of representation. 1. Appointment of attorney to represent indigent defendant, which attorney had shortly prior thereto acted as special municipal judge in misdemeanor involving such defendant, […]
BURGIE v. LEAGUE GENERAL INS. CO., 355 N.W.2d 466 (Minn.App. 1984)
Michelle Shepard BURGIE, Respondent, v. LEAGUE GENERAL INSURANCE COMPANY, etc., Appellant. No. C7-84-554.Minnesota Court of Appeals. October 2, 1984. Appeal from the District Court, St. Louis County, Jack J. Litman, J. Page 467 Syllabus by the Court An insurance company which is not licensed to do business in this state is not required by Minn.Stat. […]
CLEMONS v. PRESCRIPTION LANDSCAPE, INC., C6-96-1233 (Minn.App. 12-24-1996)
Alan Clemons, Relator, vs. Prescription Landscape, Inc., Respondent, Commissioner of Economic Security, Respondent. No. C6-96-1233.Minnesota Court of Appeals. Filed December 24, 1996. [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). […]
STATE v. DILLENER, 336 N.W.2d 268 (Minn. 1983)
STATE of Minnesota, Respondent, v. Peter DILLENER, Appellant. No. C2-83-323.Supreme Court of Minnesota. July 15, 1983. Appeal from the District Court, Nicollet County, Warren F. Litynski, J. Page 269 Syllabus by the Court Trial court erred in departing durationally from presumptive sentence established by the Minnesota Sentencing Guidelines. C. Paul Jones, Public Defender, and Mollie […]
STATE v. HALL, A04-1225 (Minn.App. 4-5-2005)
State of Minnesota, Respondent, v. Martin William Hall, Appellant. No. A04-1225.Minnesota Court of Appeals. April 5, 2005. Dakota County District Court, Hon. Leslie May Metzen. RECENT ORDER OPINION Chief Judge EDWARD TOUSSAINT, JR. Reversed and remanded.
STATE v. GREINER, 518 N.W.2d 636 (Minn.App. 1994)
STATE of Minnesota, Respondent, v. Karen Margaret GREINER, Appellant. No. C8-93-1767.Minnesota Court of Appeals. June 28, 1994. Appeal from the District Court, Daniel F. Foley, Retired Judge. Page 637 Syllabus by the Court Theft with intent to exercise temporary control is a continuing offense. The crime is complete when the actor no longer possesses or […]
SOMMER v. SOUTH WASHINGTON COUNTY SCHOOL DISTRICT, A09-789 (Minn. 4-28-2010)
Kathy Sommer v. South Washington County School District No. 833. No. A09-789.Supreme Court of Minnesota. Filed April 28, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
THEISEN v. FOND DU LAC MANAGEMENT, A03-517 (Minn.App. 10-21-2003)
Andrea L. Theisen, Relator, vs. Fond du Lac Management, Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. No. A03-517.Minnesota Court of Appeals. Filed October 21, 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. […]
WHITCOMB v. THE CHURCHILL APARTMENTS, C0-98-1863 (Minn.App. 3-30-1999)
Tony Whitcomb, Respondent, v. The Churchill Apartments, et al., Relators. No. C0-98-1863.Minnesota Court of Appeals. Filed March 30, 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 Minneapolis […]
BLIXT v. CIVIL SERVICE BD., STATE OF MINNESOTA, 297 Minn. 504 (1973)
210 N.W.2d 230 NORMAN T. BLIXT v. CIVIL SERVICE BOARD, STATE OF MINNESOTA. No. 43857.Supreme Court of Minnesota. August 24, 1973. Appeal and error — petition for review of administrative board’s determination — timeliness. Proceeding in the Ramsey County District Court initiated by Norman T. Blixt to review a decision of the Civil Service Board, […]
STATE v. JONES, C4-00-541 (Minn.App. 12-19-2000)
State of Minnesota, Respondent, vs. Odis Trehorn Jones, Appellant. No. C4-00-541.Minnesota Court of Appeals. Filed December 19, 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 District […]
UNDERDOWN v. THOEN, 193 Minn. 260 (1935)
258 N.W. 502 W. Y. UNDERDOWN v. IRENE (MRS. JOHN McNAB) THOEN AND ANOTHER.[1] No. 30,047.Supreme Court of Minnesota. January 18, 1935. [1] Reported in 258 N.W. 502. Automobile — collision at intersection — contributory negligence of plaintiff. Plaintiff’s automobile entered an intersection from the south; defendants’ from the west. They collided. It was a […]
STATE INC. v. SUMPTER WILLIAMS, 553 N.W.2d 719 (Minn.App. 1996)
STATE INC., assignee of the Federal Deposit Insurance Corporation, in its corporate capacity, as Liquidator of Guaranty State Bank of St. Paul, Minnesota, Respondent, v. SUMPTER WILLIAMS, et al., Defendants, Odell Sumpter, Appellant. No. CX-96-361.Minnesota Court of Appeals. September 24, 1996. Review Denied November 20, 1996. Appeal from the District Court, Hennepin County, Tony Leung, […]
STATE v. BROOKS, A03-2050 (Minn.App. 12-13-2005)
State v. David Lee Brooks. No. A03-2050.Minnesota Court of Appeals. Filed: December 13, 2005. Stay Vacated/Denied
IN MATTER OF THE WELFARE OF T.M.S., C7-02-957 (Minn.App. 12-24-2002)
In the Matter of the Welfare of: T.M.S. No. C7-02-957.Minnesota Court of Appeals. Filed December 24, 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 (2002). Appeal from the District Court, […]
STATE v. MATTER, C6-01-1734 (Minn.App. 5-14-2002)
State of Minnesota, Respondent, v. Joshua Matthew Matter, et al., Appellants. No. C6-01-1734.Minnesota Court of Appeals. Filed May 14, 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 […]
SILVER v. RIDGEWAY, 733 N.W.2d 165 (Minn.App. 2007)
Diane SILVER, Respondent, v. Paul RIDGEWAY, Sr., Appellant, Lake County, Respondent. No. A06-1600.Minnesota Court of Appeals. June 19, 2007. Page 166 SYLLABUS Establishment of a cartway under Minn.Stat. § 164.08, subd. 2(a) (2006), is an exercise of eminent domain. 2. A county board, acting as the town board under town-road laws,[1] does not have express […]
O’SELL v. PETERSON, 595 N.W.2d 870 (Minn.App. 1999)
Esther O’Sell, Respondent, v. James C. Peterson, Appellant. C7-98-2315.Minnesota Court of Appeals. Filed June 29, 1999. Appealed from Hennepin County District Court, Harry S. Crump, J. Page 871 Syllabus Leaving a summons and complaint with a 14-year-old child who is staying at a home for a six-day, non-custodial visitation constitutes substitute service of process on […]
LEITH v. STATE, A04-2081 (Minn. 9-20-2005)
Kelly James Leith v. State. No. A04-2081.Supreme Court of Minnesota. September 20, 2005. Denied.
HANSON v. ZENITH DISPOSAL, INC., C8-97-482 (Minn.App. 11-18-1997)
DOUGLAS F. HANSON, Relator, v. ZENITH DISPOSAL, INC., Respondent, COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C8-97-482.Minnesota Court of Appeals. Filed November 18, 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 […]
STATE v. BENJAMIN, 257 Minn. 1 (1959)
99 N.W.2d 786 STATE v. MARTIN LEO BENJAMIN. No. 37,671.Supreme Court of Minnesota. November 27, 1959. Criminal law — driving automobile without permission of owner — sufficiency of evidence to sustain conviction. Defendant appeared in his own behalf in seeking a review under a writ of error issued out of this court. There is no […]
STATE v. GRUNIG, A10-81 (Minn.App. 11-9-2010)
State of Minnesota, Respondent, v. Brad Robert Grunig, Appellant. No. A10-81.Minnesota Court of Appeals. Filed November 9, 2010. Page 1 [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 […]
STATE v. THOMPSON, A08-0358 (Minn.App. 4-21-2009)
State of Minnesota, Respondent, v. Aaron John Thompson, Sr., Appellant. No. A08-0358.Minnesota Court of Appeals. Filed April 21, 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 […]
MATTER OF WELFARE OF J.L.L., 396 N.W.2d 647 (Minn.App. 1986)
In the Matter of the WELFARE OF J.L.L. No. C6-86-534.Minnesota Court of Appeals. November 25, 1986. Appeal from the District Court, Ramsey County, George O. Petersen, J. Page 648 Syllabus by the Court 1. A finding relating to conditions existing at the time of a hearing on termination of parental rights may be based upon […]
WURDEMANN v. HJELM, 260 Minn. 455 (1961)
110 N.W.2d 150 ARTHUR K. WURDEMANN AND ANOTHER v. CLIFFORD R. HJELM AND OTHERS. Nos. 38,330, 38,331, 38,332.Supreme Court of Minnesota. July 14, 1961. Appeal and error — review — rehearing — when granted. 1. Before a rehearing may be granted, there must be a showing that this court has overlooked some material fact or […]
CASS COUNTY v. WRIGHT COUNTY, 493 N.W.2d 286 (Minn.App. 1992)
CASS COUNTY, Respondent, v. WRIGHT COUNTY, Appellant, Ann Wynia, Commissioner of Human Services, Crow Wing County, Respondents. No. C6-92-1160.Minnesota Court of Appeals. December 8, 1992. Appeal from the District Court, Cass County, John P. Smith, J. Syllabus by the Court To determine the county of financial responsibility for social services for a minor, the minor’s […]
HARTLEY v. WALSER BURNSVILLE MOTORS, INC., A04-1859 (Minn.App. 6-7-2005)
Sandra J. Hartley, Relator, v. Walser Burnsville Motors, Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-1859.Minnesota Court of Appeals. Filed June 7, 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. § […]
STATE v. GILL, A10-11 (Minn.App. 6-22-2010)
State of Minnesota, Appellant, v. John Michael Gill, Respondent. No. A10-11.Minnesota Court of Appeals. Filed June 22, 2010. [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 […]
STATE v. HOULE, C5-02-4 (Minn.App. 12-1-2002)
State v. Houle. No. C5-02-4.Minnesota Court of Appeals. Filed: December 1, 2002. Appeal from Carlton County, Hon. Carol M. Person. Toussaint, C.J. Judgment of Conviction, Affirmed.
JOHNSON v. JOHNSON, A06-1669 (Minn.App. 5-29-2007)
Michele Dawn Johnson, petitioner, Appellant, v. Marcus Brandon Johnson, Respondent. No. A06-1669.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 the […]
MATTER OF WELFARE OF S.Z., 547 N.W.2d 886 (Minn. 1996)
In the Matter of the WELFARE OF S.Z. No. C0-95-763.Supreme Court of Minnesota. May 23, 1996. Appeal from the District Court, Hennepin County, Philip Bush, J. Page 887 Syllabus by the Court When terminating parental rights pursuant to Minn.Stat. § 261.221, subd. 1(b)(4), a court must make findings regarding a social service agency’s provision of […]
PRAIRIE WILD ENTERPRISES v. BOFFERDING, A10-734 (Minn. 5-25-2011)
Prairie Wild Enterprises, Inc. v. Gayle E. Bofferding, et al., Westfield Insurance Company. No. A10-734.Supreme Court of Minnesota. Filed May 25, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN MATTER OF DILLON, 413 N.W.2d 507 (Minn. 1987)
In the Matter of the Application of Thomas C. DILLON for Reinstatement as a Member of the Bar of the State of Minnesota. No. C3-84-1250.Supreme Court of Minnesota. October 7, 1987. ORDER The respondent Thomas C. Dillon, by opinion of this court filed July 26, 1985, was suspended from the practice of law indefinitely with […]
IN RE ESTATE OF TURNER, 391 N.W.2d 767 (Minn. 1986)
In re ESTATE OF Amelia M. TURNER, Deceased. No. C2-85-1136.Supreme Court of Minnesota. August 8, 1986. Appeal from the District Court, Ramsey County, J. Jerome Plunkett, J. Syllabus by the Court Minn.Stat. § 256B.15 (1984), providing for the recovery from the estates of those who received medical assistance after age 65, is rationally related to […]
STEWART v. ILLINOIS FARMERS., 727 N.W.2d 679 (Minn.App. 2007)
William STEWART, Respondent, v. ILLINOIS FARMERS INSURANCE COMPANY, Appellant. No. A06-759.Minnesota Court of Appeals. February 27, 2007. Page 680 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 681 Syllabus When an individual, who owns and is operating a vehicle that is insured […]
KINDT v. YELLOW CAB OF WINONA, INC., 300 Minn. 190 (1974)
218 N.W.2d 459 ETHEL KINDT AND ANOTHER v. YELLOW CAB OF WINONA, INC., AND ANOTHER. No. 44362.Supreme Court of Minnesota. May 24, 1974. New trial — grounds — failure to explain conclusions which would follow jury findings. 1. Where counsel for the plaintiff decided that the trial court should not give a certain instruction dealing […]
OUELLETTE BY OUELLETTE v. SUBAK, 379 N.W.2d 125 (Minn.App. 1985)
Kristian OUELLETTE, a minor, by Frank OUELLETTE, his father and natural guardian, and Frank Ouellette, individually, Respondents, v. Barbara H. SUBAK and Maxine O. Nelson, Appellants. No. C4-85-571.Minnesota Court of Appeals. December 17, 1985. Review Granted January 31, 1986. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Page 126 Syllabus by the […]