Category: Minnesota Court Opinions

226 N.W.2d 919 STATE v. JOHN RAINEY. No. 44273.Supreme Court of Minnesota. March 7, 1975. Criminal law — murder conviction — Rasmussen hearing — defense of intoxication — sufficiency of evidence. Appeal by John Rainey from a judgment of the Hennepin County District Court, Donald T. Barbeau, Judge, whereby he was convicted of murder in […]

State of Minnesota, Respondent, v. Gregory Alexander Welch, petitioner, Appellant. No. C9-01-1095.Supreme Court of Minnesota. Filed: February 5, 2004. Rehearing Denied March 16, 2004. Appeal from the Minnesota Court of Appeals, Office of Appellate Courts. SYLLABUS 1. The evidence was sufficient to support appellant’s conviction of attempted second-degree criminal sexual conduct, and that conviction supplied […]

Janice M. FALLS, Respondent, v. COCA COLA ENTERPRISES, INC., and Sedgwick Claims Management Services, Inc., Relators. No. A06-994.Supreme Court of Minnesota. January 18, 2007. Appeal from the Workers’ Compensation Court of Appeals (WCCA), David Stofferahn, J. Page 97 Syllabus The temporary total disability compensation cessation condition in Minn.Stat. § 176.101, subd. 1(i) (2004), under which […]

In the Matter of Andrew D. McGAUGHEY. No. C6-94-952.Supreme Court of Minnesota. September 1, 1995. Appeal from the District Court, Hennepin County, Marilyn J. Justman, J. Page 622 Syllabus by the Court Trial court’s finding that appellant is a mentally ill person was clearly erroneous because the record does not support by clear and convincing […]

Delores CLOUD, Relator, v. INDEPENDENT SCHOOL DISTRICT NO. 38, RED LAKE, Minnesota, Respondent. No. C4-93-843.Minnesota Court of Appeals. November 9, 1993. Page 207 Syllabus by the Court Because relator is not a “teacher” within the meaning of Minn.Stat. § 125.12, subd. 1 (1992) of the teacher tenure law, she is not entitled to a hearing […]

Mark Alan STUTELBERG, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A07-383.Supreme Court of Minnesota. December 6, 2007. Appeal from the District Court, Hennepin County, Harry S. Crump, J. Page 868 SYLLABUS The district court abused its discretion by summarily denying appellant’s petition for postconviction relief and motion for an evidentiary hearing where the petition, […]

64 N.W.2d 132 HARRY BEBERMAN v. SOL FRISCH. SOL FRISCH v. HARRY BEBERMAN AND ANOTHER.[1] No. 36,141.Supreme Court of Minnesota. April 9, 1954. [1] Reported in 64 N.W.2d 132. Mortgages — equitable mortgage — mortgagee in possession. 1. Where a conveyance of real estate is made as security for a debt it creates an equitable […]

In re the Marriage of Loretta June JOHNSON, Petitioner, Respondent, v. Norman Manford JOHNSON, Appellant, No. C3-86-331.Minnesota Court of Appeals. September 16, 1986. Appeal from the District Court, Hennepin County, Fallon Kelly, J. Syllabus by the Court 1. The evidence was sufficient to justify the trial court’s finding that the parties kept $80,000 in a […]

STATE of Minnesota, City of Minneapolis, Respondent, v. Daniel BASEMAN, Appellant. No. C7-86-493.Minnesota Court of Appeals. November 10, 1986. Review Denied January 16, 1987. Appeal from the Municipal Court, Hennepin County, Daniel R. Hart, J. Page 728 Syllabus by the Court The Minneapolis disorderly conduct ordinance is not unconstitutional. William R. Kennedy, Hennepin County Public […]

William BECKER, Respondent, v. ALLOY HARDFACING ENGINEERING CO., et al., Appellants. No. C6-85-2340.Minnesota Court of Appeals. July 15, 1986. Review Granted September 24, 1986. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Page 375 Syllabus by the Court 1. The trial court’s failure to instruct the jury that punitive damages must be […]

STATE of Minnesota, Respondent, v. Reginald Lee GAIL, Appellant. No. A05-329.Supreme Court of Minnesota. May 18, 2006. Appeal from the District Court, Hennepin County, Jeanne J. Graham, J. Page 852 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 853 [EDITORS’ NOTE: THIS […]

201 N.W.2d 148 HOUSTON F. JAMES v. PRODUCTION PRODUCTS, INC. No. 43112.Supreme Court of Minnesota. August 25, 1972. Judgments — giving foreign judgment full faith and credit — propriety of summary judgment. Action in the Ramsey County District Court on a judgment which plaintiff obtained against defendant in the Texas district court. The court, J. […]

In re Judith A. CHOSA, o/b/o Roseblossom CHOSA, petitioner, Respondent, v. Diane TAGLIENTE, Appellant. No. A04-1400.Minnesota Court of Appeals. March 22, 2005. Appeal from the District Court, St. Louis County, Terrence M. Aronson, J. Page 488 SYLLABUS The evidence was insufficient to support the issuance of an order for protection pursuant to Minn. Stat. § […]

Edward Tossey, Respondent, vs. City of St. Paul Self-Insured, Relator. No. C9-00-20.Supreme Court of Minnesota. Filed March 17, 2000. Considered and decided by the court en banc. ORDER RUSSELL A. ANDERSON, Associate Justice. Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the Workers’ Compensation Court of […]

Timothy KNOWLEN, Respondent, v. ASSOCIATED MILK PRODUCERS, INC. and Kemper Insurance Company, Relators, and Minnesota Dept. of Jobs Training/DRS, Minnesota Dept. of Jobs Training/UI, Minnesota Dept. of Human Services, Intervenors, and Institute for Lower Back Care, St. Cloud Hospital, St. Cloud Orthopedic Association, Providers. No. C9-90-1679.Supreme Court of Minnesota. October 26, 1990. Rehearing Denied November […]

Willard Carl HOLM, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C5-87-1491.Minnesota Court of Appeals. December 15, 1987. Appeal from the Goodhue County District Court, William F. Thuet, J. Syllabus by the Court 1. Violation of statute requiring driver to dim headlights when approaching oncoming traffic is sufficient basis for a traffic stop. 2. […]

97 N.W.2d 425 IN RE DEPENDENCY OF TERRY KLUGMAN AND OTHERS. MORRIS HURSH AND ANOTHER v. JACK KLUGMAN AND ANOTHER. No. 37,307.Supreme Court of Minnesota. June 26, 1959. Parent and child — custody — rights of parent. 1. Laws which permit the severance of the tie that binds a parent to a child recognize the […]

Sophie A. NEELAND, Respondent, v. CLEARWATER MEMORIAL HOSPITAL, etc., Relator, Commissioner of Employment Services, Respondent. No. 46933.Supreme Court of Minnesota. August 12, 1977. Page 367 Syllabus by the Court Upon the record submitted, a political subdivision employer required by Minn.St. c. 268 to reimburse the unemployment compensation fund for benefits paid to an employee who […]

In the Matter of the Application for the DISCIPLINE OF John R. KROUSS, an Attorney at Law of the State of Minnesota. No. CX-84-127.Supreme Court of Minnesota. September 4, 1984. ORDER The above-entitled matter comes before this court upon the petition for disciplinary action by the Director of Lawyers Professional Responsibility and the stipulation of […]

Michael S. DAHL, individually and on behalf of all others similarly situated, et al., Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, et al., Respondents. No. A05-1359.Minnesota Court of Appeals. December 4, 2007. Appeal from the District Court, Hennepin County, Diana Eagon, J. Page 187 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

35 N.W.2d 748 FIDELITY STATE BANK v. EMILY BRADLEY.[1] No. 34,835.Supreme Court of Minnesota. February 4, 1949. [1] Reported in 35 N.W.2d 748. Pleading — sham answer. 1. A sham answer is one which is false in fact. Same — motion to strike sham answer — questions for determination. 2. In determining whether an answer […]

Hazel QUAM, judgment creditor, Respondent, v. Charles WULFEKUHLE, et al., judgment debtors, Respondents, v. AUSTIN MUTUAL INSURANCE COMPANY, garnishee, Appellant. No. C2-86-207.Minnesota Court of Appeals. July 22, 1986. Review Denied September 24, 1986. Appeal from the District Court, Grant County, Keith C. Davison, J. Syllabus by the Court 1. The limits of residual liability insurance […]

In Re Petition for Disciplinary Action against Vytas M. Rimas, an Attorney at Law of the State of Minnesota. No. C8-01-1976.Supreme Court of Minnesota. Filed: July 12, 2002 ORDER PAUL H. ANDERSON, Associate Justice. The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent has committed […]

In the Matter of DeWayne COLBERT. No. C9-90-1603.Supreme Court of Minnesota. January 18, 1991. Appeal from the District Court, Hennepin County, Harry S. Crump, J. Page 506 Syllabus by the Court Continued commitment of persons as mentally ill but no longer dangerous pursuant to Minn.Stat. § 253B.18, subd. 2 (1990), are deemed to have commenced […]

STATE of Minnesota, Respondent, v. Hal W. HANSON, Appellant. No. C1-92-286.Minnesota Court of Appeals. August 25, 1992. Appeal from the District Court, Hennepin County, Ann Leslie Alton, J. Syllabus by the Court Where from observation of marijuana in possession in a motor vehicle it is not readily apparent that only a petty misdemeanor amount is […]

In re Petition for DISCIPLINARY ACTION AGAINST Timothy Vincent OSTROOT, an Attorney at Law of the State of Minnesota. No. CX-96-666.Supreme Court of Minnesota. July 18, 1996. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Timothy Vincent Ostroot has committed professional misconduct, […]

Donald P. SHEREK, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 699, Gilbert, Minnesota, Thomas Beste, Rule 19 defendant, Laurance Kleven, Rule 19 defendant, Respondents, David Kriska, Rule 19 Defendant. No. C8-88-1284.Minnesota Court of Appeals. February 21, 1989. Review Granted April 26, 1989. Appeal from the District Court, St. Louis County, Mitchell A. Dubow, J. Syllabus by […]

Donna Jean FOLSTAD, n/k/a Donna Jean Fairbanks, Respondent, v. Nancy Irene EDER, et al., Petitioners, Appellants. No. C6-90-585.Supreme Court of Minnesota. April 5, 1991. Page 609 Syllabus by the Court A settlement by an employer-insurer of its subrogation claim against the defendant-tortfreasors made prior to trial of the plaintiff-employee’s action against the tortfreasors is not […]

Joan E. VILLENEUVE, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C6-87-1161.Minnesota Court of Appeals. January 5, 1988. Appeal from the District Court, Itasca County, William J. Spooner, J. Syllabus by the Court For implied consent purposes, the peace officer must make the factual determination of whether a driver is unconscious or otherwise incapable […]

In Re Petition for Disciplinary Action against James M. Burseth, an Attorney at Law of the State of Minnesota. No. CX-00-2004.Supreme Court of Minnesota. Dated: July 26, 2001 ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for revocation of probation and for further disciplinary action alleging that respondent Page […]

In re the Marriage of Twyla G. KARYPIS, petitioner, Appellant, v. Anastasios G. KARYPIS, Respondent. No. C9-90-77.Minnesota Court of Appeals. July 10, 1990. Review Denied September 14, 1990. Appeal from the District Court, Wright County, Gary J. Meyer, J. Syllabus by the Court 1. A dissolution trial court may exercise equitable jurisdiction and it is […]

STATE of Minnesota, Respondent, v. Boyd Bradley REINKE, Appellant. No. C8-86-1023.Minnesota Court of Appeals. December 30, 1986. Appeal from the District Court, Anoka County, Lynn C. Olson, J. Syllabus by the Court Writ of habeas corpus was properly discharged bacause rendition warrant charged the commission of a crime within the demanding state. Hubert H. Humphrey, […]

In the Matter of the Petition of MINNESOTA POWER COMPANY for Authority to Establish a Short Term Large Power Rate Schedule and of an Investigation into the Reasonableness of the Large Power Demand Ratchet. M.A. HANNA COMPANY, Relator, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Minnesota Power, Respondents. No. C5-86-900.Minnesota Court of Appeals. October 7, 1986. Syllabus […]

In re the Marriage of Nancy Alto REIF, petitioner, Appellant, v. John William REIF, Respondent. No. C6-88-117.Minnesota Court of Appeals. July 12, 1988. Appeal from the District Court, Itasca County, William J. Spooner, J. Page 228 Syllabus by the Court Trial court’s temporary maintenance award is not supported by the findings or evidence. Michael K. […]

Jackie Lennartson, Respondent, vs. Anoka-Hennepin Independent School District 11, Appellant. No. C6-01-1278.Minnesota Court of Appeals. Filed: February 5, 2002. Appeal from the District Court, Anoka County, Thomas D. Hayes, J., File No. C6-99-10203. SYLLABUS The proper test for evaluating whether a lawyer should be disqualified from representing a client in a pending matter, when the […]

JoAnn JOHNSON, Guardian for Allen Cormier, and Allen Cormier, individually, Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. No. C4-95-2578.Supreme Court of Minnesota. November 20, 1996. Appeal from the District Court, Kittson County, Larry J. Jorgenson, J. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition […]

In re the Marriage of Pamela Marie MASCHOFF, f/k/a Pamela Marie Pettit, petitioner, Appellant, v. Thad Richard LEIDING, Respondent. No. A04-1757.Minnesota Court of Appeals. May 31, 2005. Appeal from the District Court, Martin County. Page 835 SYLLABUS 1. Where parties stipulate to joint physical custody and to a support arrangement under which neither party pays […]

34 N.W.2d 355 STATE v. NORMAN OVERBY.[1] No. 34,603.Supreme Court of Minnesota. October 29, 1948. [1] Reported in 34 N.W.2d 355. Illegitimate child — proceeding to determine paternity — burden of proof — sufficiency of evidence. Where in a proceeding to determine paternity the evidence preponderates against the state as to the two occasions on […]

232 N.W.2d 88 THE SUSSEL CO. v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ST. PAUL AND OTHERS. FRANK MOORE, d.b.a. MOORE DECORATORS, APPELLANT. No. 44881.Supreme Court of Minnesota. July 3, 1975. Mechanics liens — mechanics lien waivers — scope — validity. A mechanics lien waiver which “waives all rights acquired to date” does not […]

198 N.W.2d 136 STATE v. LOWELL CARL ELLANSON. No. 43491.Supreme Court of Minnesota. May 12, 1972. Criminal law — search and seizure — legality — search incident to arrest. Appeal by the state from an order of the Nicollet County District Court, Noah S. Rosenbloom, Judge, suppressing certain evidence in a proceeding against Lowell Carl […]

STATE of Minnesota, Respondent, v. Ray K. ROCK, Appellant. No. C7-85-1083.Minnesota Court of Appeals. January 21, 1986. Review Denied March 27, 1986. Appeal from the District Court, Dakota County, George H. Hoey, J. Syllabus by the Court 1. The trial court did not abuse its discretion in revoking probation and executing sentence. 2. The trial […]

8 N.W.2d 466 GEORGE RADERMACHER v. ST. PAUL CITY RAILWAY COMPANY.[1] No. 33,334.Supreme Court of Minnesota. March 12, 1943. [1] Reported in 8 N.W.2d 466. Statute — construction — remedial statute — legislative intent. 1. A remedial statute should be so construed as to give effect to the obvious legislative intent. Workmen’s compensation — transportation […]

STATE of Minnesota, Respondent, v. Rudolph Karl KASSUBE, Appellant. Rudolph KASSUBE, Appellant, v. STATE of Minnesota, Respondent. Nos. 46147 and 47359.Supreme Court of Minnesota. October 28, 1977. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 592 Connolly Heffernan and Scott F. Tilsen, St. Paul, for appellant. Warren Spannaus, Atty. Gen., St. […]

35 N.W.2d 623 CARL SIEGFRIED NATHANIEL BENGTSON AND ANOTHER v. ESTHER BENGTSON SETTERBERG AND OTHERS.[1] No. 34,382.Supreme Court of Minnesota. January 7, 1949. [1] Reported in 35 N.W.2d 623. UPON REARGUMENT. Declaratory judgment — remedies under act — declarations as to judgments and Jurisdiction. 1. Under our declaratory judgments act, an action cannot be used […]

190 N.W.2d 651 INDEPENDENT SCHOOL DISTRICT NO. 273 v. ALFRED A. GROSS AND OTHERS. Supreme Court of Minnesota. No. 42719. August 27, 1971. Dismissal — policy reflected in Rules of Civil Procedure. 1. In the absence of manifest finality or flagrant or inexcusable circumstances, courts are loath to permit substantive rights to be lost by […]

INDUSTRIAL STEEL CONTAINER COMPANY, by George J. RUTMAN, as Trustee, Respondent, v. FIREMAN’S FUND INSURANCE CO., Appellant, Pine Top Insurance Company, Appellant, Great Southwest Fire Insurance Company, Appellant. Nos. C8-86-1135, C8-86-1197.Minnesota Court of Appeals. January 13, 1987. Review Denied March 18, 1987. Appeal from the District Court, Ramsey County, Edward D. Mulally, J. Page 157 […]

STATE of Minnesota, Appellant, v. Jason Lonnie GABBERT, Respondent. No. A04-1785.Minnesota Court of Appeals. March 22, 2005. Appeal from the District Court, Ramsey County, A. James Dickinson, J. Page 476 SYLLABUS 1. Minn. Stat. § 609.805, subd. 2(2) (2002), the ticket-scalping statute, does not prohibit selling tickets to an event at a price less than […]

CHAPMAN PLACE ASSOCIATION, INC., Respondent, v. Thomas W. PROKASKY, et al., Defendants, Shaw-Lundquist Associates, Inc., Appellant. HAYFIELD WINDOW AND DOOR COMPANY, Third-Party Plaintiff, v. WELLS ALUMINUM CORPORATION, Third-Party Defendant. No. C7-93-271.Minnesota Court of Appeals. November 9, 1993. Review Denied January 24, 1994. Page 859 Appeal from the District Court, Hennepin County, Mary Lisbeth Davidson, J. […]