Category: Minnesota Court Opinions

196 N.W.2d 442 DIANE BOLGREAN, A MINOR, BY MRS. KENNETH COOK, HER GUARDIAN AD LITEM, v. CLARENCE STICH AND ANOTHER. No. 42950.Supreme Court of Minnesota. March 17, 1972. Conflict of laws — accident in another state involving Minnesota resident — law governing. The law of Minnesota, which does not include a guest statute, applies where […]

State of Minnesota, Respondent, v. Antoine Edward Eugene Courtney, Appellant. Nos. A03-790, A03-791.Minnesota Court of Appeals. Filed: July 6, 2004. Appeal from the District Court, Houston County, File Nos. KX-01-568; K1-01-569. Page 186 Reversed and Remanded. Page 187 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

Thomas Paul BERNS, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. CX-84-1097.Minnesota Court of Appeals. October 9, 1984. Appeal from the County Court, Winona County, Dennis A. Challeen, J. Page 494 Syllabus by the Court Trial court erred in finding respondent was not in physical control of a motor vehicle when he was found […]

Raymond W. ANDERSON, et al., Appellants, v. NORTHWESTERN BELL TELEPHONE COMPANY, North River Insurance Company, Respondents. No. C8-89-369.Minnesota Court of Appeals. July 25, 1989. Appeal from the District Court of Hennepin County, Steven Z. Lange, J. Page 547 Syllabus by the Court 1. Where self-insurer does not state limit of underinsured motorist coverage, statutory minimum […]

Kenneth C. GLASER, Respondent, v. MINNESOTA FEDERAL SAVINGS LOAN ASSOCIATION, Appellant. No. C5-86-119.Minnesota Court of Appeals. July 8, 1986. Appeal from the District Court, Hennepin County, Charles A. Porter, Jr., J. Syllabus by the Court Trial court erred in granting summary judgment when contract was silent as to who would pay assessment and there was […]

Albert J. BOLSTAD, Petitioner, Respondent, v. STATE of Minnesota, Appellant. No. C3-88-2259.Minnesota Court of Appeals. January 24, 1989. Appeal from the District Court, Winona County, Dennis A. Challeen, J. Syllabus by the Court Appeals from orders in postconviction proceedings are civil in nature. Rules of Civil Appellate Procedure regarding notices of review and briefing apply […]

Timothy R. WHITE, et al., Respondents, v. Steven P. BOUCHER, et al., Appellants, Century 21 Christy Realty, Inc., Respondent. No. 52026.Supreme Court of Minnesota. July 30, 1982. Appeal from the District Court, Hennepin County, Bruce C. Stone, J. Page 561 Syllabus by the Court 1. The evidence in this case supports a judgment of specific […]

205 N.W.2d 329 STATE v. JAY HOLLINS. No. 43390.Supreme Court of Minnesota. March 16, 1973. Criminal law — robbery conviction — sufficiency of evidence — due process. Appeal by Jay Hollins from a judgment of the Hennepin County District Court, Crane Winton, Judge, whereby he was convicted of aggravated robbery. Affirmed. C. Paul Jones, State […]

In the Matter of the ESTATE OF Martha E. HOFFMAN, a.k.a. Martha Hoffman, Decedent. No. C7-84-540.Minnesota Court of Appeals. September 18, 1984. Appeal from the Rice County Court, Gerald J. Wolf, J. Page 582 Syllabus by the Court The trial court did not err in ruling that decedent lost her homestead exemption under Minn.Stat. § […]

Kent Orrin BERGE, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C4-84-2181.Minnesota Court of Appeals. June 25, 1985. Appeal from the Carver County Court, Thomas R. Howe, J. Syllabus by the Court Trial court did not err in ruling that officer unlawfully stopped a vehicle. The test is particularized and objective basis, not probable cause. […]

In the Matter of the WELFARE OF J.W. and A.W. Nos. C8-85-119, C9-85-131.Minnesota Court of Appeals. September 17, 1985. Appeal from the Hennepin County District Court, Allen Oleisky, J. Page 308 Syllabus by the Court When appellants declined to answer deposition questions on fifth amendment grounds, it was coercive and unconstitutional to impose discovery sanctions […]

Judith PINKNEY, et al., Relators, v. INDEPENDENT SCHOOL DISTRICT NO. 691, Respondent. No. C4-84-1239.Minnesota Court of Appeals. April 23, 1985. Page 363 Syllabus by the Court 1. Relator Paulson did not make a timely request for a hearing and waived the right to contest his placement on unrequested leave of absence. 2. The school board’s […]

STATE of Minnesota, Respondent, v. John Vernon DAY, Appellant. No. C8-90-751.Minnesota Court of Appeals. October 23, 1990. Review Denied December 20, 1990. Appeal from the District Court, St. Louis County, Gary J. Pagliaccetti, J. Page 405 Syllabus by the Court 1. When a uniformed police officer summons an individual into his presence to produce identification […]

Mary Lou RINDAHL, Respondent, v. NATIONAL FARMERS UNION INSURANCE COMPANIES, Petitioner, Appellant. No. C4-84-267.Supreme Court of Minnesota. August 23, 1985. Appeal from the District Court, Kittson County, Warren A. Saetre, J. Page 295 Syllabus by the Court 1. Claimant homemaker, although also working 40 hours a week outside the home, had “full-time responsibility” for the […]

167 N.W.2d 500 ALBERT AND HARLOW, INC. v. GREAT NORTHERN OIL COMPANY AND OTHERS. AMERICAN OIL COMPANY, APPELLANT. No. 41092.Supreme Court of Minnesota. April 18, 1969. Mechanics lien — pipeline constructed in Minnesota and Wisconsin — the within which” notice of lien claim must be filed. 1. Where lienable materials are furnished to a contractor […]

STATE of Minnesota, Respondent, v. Dennis K. VAUGHN, Appellant. No. C7-83-401.Supreme Court of Minnesota. January 25, 1985. Appeal from the District Court, Ramsey County, Otis H. Godfrey, J. Page 55 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 56 Syllabus by the […]

Jerome KRANTZ, Relator, v. LOXTERCAMP TRANSPORT, INC., Commissioner of Jobs and Training, Respondents. No. C8-87-352.Minnesota Court of Appeals. August 4, 1987. Syllabus by the Court 1. Relator’s imposition of conditions upon his availability for work constituted a voluntary quit. 2. Relator had good cause to quit where the employer breached the terms of a hiring […]

In re Petition for Disciplinary Action against Edith Marcos See, a Minnesota Attorney, Registration No. 188372. No. A03-1209.Supreme Court of Minnesota. Filed: October 1, 2003 ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Edith Marcos See has committed professional misconduct warranting public discipline, […]

9 N.W.2d 773 IN RE TRUST UNDER WILL OF ALBERT SCHULTZ, DECEASED. NORTHWESTERN NATIONAL BANK TRUST COMPANY OF MINNEAPOLIS v. GEORGE PIRICH.[1] No. 33,492.Supreme Court of Minnesota. May 28, 1943. [1] Reported in 9 N.W.2d 773. Trust — contingent beneficiary — right to have interest determined. 1. Although the interest of a contingent beneficiary under […]

109 N.W.2d 317 MARGARET E. DEMPSEY AND ANOTHER v. JOSEPH F. MEIGHEN AND OTHERS. No. 38,015.Supreme Court of Minnesota. May 26, 1961. Deeds — conditional delivery to third person — when effective. 1. Whether a deed to land delivered to a third party for the benefit of the grantee upon condition was ever actually delivered […]

251 N.W.2d 125 NORTHERN NATURAL GAS COMPANY v. COMMISSIONER OF REVENUE. No. 46544.Supreme Court of Minnesota. February 18, 1977. Taxation — deduction from gross income of taxes paid to Federal government — when proper. Reimbursement payments made by a parent corporation to subsidiaries that suffered net operating losses for a consolidated group’s consumption of those […]

E.H. RENNER SONS, INC., Plaintiff, v. SHERBURNE HOMES INC., et al., Defendants, Builders Development Finance, Inc., Respondent, Standard Lumber Company, Appellant. TAPPERS INC., d/b/a Genereaux Fine Wood Products, Plaintiff, v. Joseph A. GRAMSTAD, d/b/a Sherburne Homes, Inc., et al., Defendants. No. C2-90-423.Minnesota Court of Appeals. July 24, 1990. Appeal from the District Court, Anoka County, […]

James RICHIE, et al., Appellants, v. PARAMOUNT PICTURES CORPORATION, et al., Respondents (CX-94-2249), Defendants (C5-94-2501), Hubbard Broadcasting, Inc., d/b/a KSTP, et al., Defendants (CX-94-2249), Kathy Tatone, Respondent (C5-94-2501). Nos. CX-94-2249, C5-94-2501.Minnesota Court of Appeals. May 30, 1995. Review Granted July 20, 1995. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 236 […]

Jimmy Robert Hummel, petitioner, Appellant, vs. State of Minnesota, Respondent. No. C1-00-139.Supreme Court of Minnesota. Filed: October 12, 2000. Appeal from the Office of Appellate Courts. Page 562 SYLLABUS The district court appropriately dismissed appellant’s petition for postconviction relief without an evidentiary hearing because the petition, files, and record show that appellant is entitled to […]

1 N.W.2d 394 LEON J. B. SEXTON v. COUNTY OF WASECA AND ANOTHER.[1] No. 32,999.Supreme Court of Minnesota. December 19, 1941. [1] Reported in 1 N.W.2d 394. Sheriff — power to employ aid in transporting prisoner. 1. A sheriff had authority under Mason St. 1927, § 907, to engage an aid to accompany him to […]

STATE of Minnesota, Respondent, v. Elizabeth Suzanne BRADLEY, Appellant. No. A07-1847.Minnesota Court of Appeals. September 30, 2008. Appeal from the District Court, Brown County, Todd William Westphal, J. Page 130 SYLLABUS A district court does not improperly delegate sentencing authority when it requires, as a condition of probation, that an offender complete a chemical-health assessment […]

Ashraf MUHAMMED, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. 81-946.Supreme Court of Minnesota. March 12, 1982. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Syllabus by the Court 1. Trial court did not err in admitting evidence establishing clearly and convincingly that petitioner, charged with burglary and criminal sexual conduct in […]

195 N.W.2d 818 STATE v. CHARLES FRANCIS MILLER. No. 42621.Supreme Court of Minnesota. March 10, 1972. Criminal law — attempted robbery — voluntariness of admissions — sufficiency of evidence. Appeal by Charles Francis Miller from a judgment of the Hennepin County District Court, Tom Bergin, Judge, whereby he was convicted of attempted aggravated robbery. Affirmed. […]

Richard R. Snyder, Respondent, vs. Yellow Freight System, Self-Insured, Relators. No. A04-536.Supreme Court of Minnesota. Filed: July 22, 2004. Appeal from the Workers’ Compensation Court of Appeals. Page 789 SYLLABUS In calculating the amount of an employer’s subrogation reimbursement from the proceeds of a third-party action, the employer’s credit against future workers’ compensation benefits is […]

4 N.W.2d 316 GEORGE C. HAYWARD v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND ANOTHER. HOME INSURANCE COMPANY OF NEW YORK, APPELLANT.[1] No. 33,077.Supreme Court of Minnesota. May 29, 1942. [1] Reported in 4 N.W.2d 316. Damage — proof of damage to auto wrecked in collision. 1. Damage to an ordinary car wrecked in a […]

45 N.W.2d 378 STATE v. OTTO GOTTFRED END.[1] No. 35,336.Supreme Court of Minnesota. December 22, 1950. [1] Reported in 45 N.W.2d 378. Obscenity — indecent exposure — offense charged by information. Information alleging defendant’s commission of the crime of indecent exposure in violation of M.S.A. 617.23 and his prior conviction under a municipal ordinance for […]

189 N.W.2d 176 IN RE JEROME DALY. No. 42174.Supreme Court of Minnesota. July 16, 1971. Attorney and client — disciplinary proceedings — misconduct requiring disbarment. Proceeding for the discipline of Jerome Daly, an attorney at law of this state, upon a petition and accusation filed by the State Board of Law Examiners. Disbarment ordered. Herbert […]

50 N.W.2d 703 STATE EX REL. ELMO PAFF AND OTHERS v. ARCHIE KELLEY AND OTHERS. CHESTER SUMNER AND OTHERS, INTERVENERS.[1] No. 35,518.Supreme Court of Minnesota. January 4, 1952. [1] Reported in 50 N.W.2d 703. Constitution — special legislation — sale of intoxicating liquor — regulation. L. 1937, c. 387 (M.S.A. 340.11, subd. 9), which provides […]

Carolyn WALLER, Respondent, George T. Caldwell, Sr., etc., Respondent, v. POWERS DEPARTMENT STORE, etc., Petitioner. No. C3-83-802.Supreme Court of Minnesota. February 10, 1984. Appeal from the District Court, Hennepin County, William S. Posten, J. Syllabus by the Court Minneapolis Ordinance § 141.80 (c)(7) (1982), which authorizes the court to grant temporary relief against respondents in […]

AUTO OWNERS INSURANCE COMPANY, Appellant, v. NORTHSTAR MUTUAL INSURANCE COMPANY, Respondent, Bradley Rice, et al., Defendants, Colleen Zimny, et al., Respondents. No. 49300.Supreme Court of Minnesota. June 22, 1979. Rehearing Denied July 20, 1979. Appeal from the District Court, Douglas County, Richard S. Roberts, J. Page 701 Syllabus by the Court 1. When two insurance […]

STATE of Minnesota, Respondent, v. William Edward DRIEMAN, Appellant. No. C5-89-1625.Supreme Court of Minnesota. June 29, 1990. Appeal from the District Court, St. Louis County, David E. Ackerson, J. Page 704 Syllabus by the Court The trial court’s failure to grant defendant certain challenges for cause and motions to change venue did not deny defendant […]

STATE of Minnesota, Respondent, v. Roger Sipe CALDWELL, Appellant, and Roger Sipe CALDWELL, Petitioner, Appellant, v. STATE of Minnesota, Respondent. Nos. 49437, 51505.Supreme Court of Minnesota. August 6, 1982. Appeal from the District Court, Crow Wing and St. Louis Counties, Jack Litman, J. Page 575 Syllabus by the Court 1. Appellant is entitled to a […]

In re Petition for Disciplinary Action against Julia K. Satterlee Rhodes, a Minnesota Attorney, Registration No. 307713. No. A03-1979.Supreme Court of Minnesota. Dated: March 17, 2004. 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 Julia K. Satterlee Rhodes […]

Rodney M. THOE, Appellant, v. Shirley RASMUSSEN, et al., etc., Respondents. No. 81-701.Supreme Court of Minnesota. August 13, 1982. Appeal from the District Court, Crow Wing County, Clinton Wyant, J. Syllabus by the Court 1. Performance under a contract for the sale of real property, as distinct from the contract itself, may be modified orally […]

STATE of Minnesota, Respondent, v. Robert A. SCHEERLE, Appellant. No. 48515.Supreme Court of Minnesota. November 16, 1979. Appeal from the District Court, Todd County, Donald A. Gray, J. Page 687 Syllabus by the Court 1. Since the record does not show any request by defendant for submission of the lesser offense of second-degree manslaughter, and […]

202 N.W.2d 767 CITY OF MANKATO, BY K. M. KROST, CITY ATTORNEY, v. EDWARD J. GUENTZEL AND OTHERS. WILLIAM F. E. SCHWEIM v. CITY OF MANKATO AND OTHERS. No. 43506.Supreme Court of Minnesota. December 1, 1972. Interest — action to apportion condemnation award — interest due landowner. Two actions in the Blue Earth County District […]

STATE of MINNESOTA, Respondent, v. Amani Jamalludin FARDAN, Appellant. No. A08-1425.Supreme Court of Minnesota. October 22, 2009. Appeal from the District Court, Hennepin County. Page 304 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 305 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

In re the Marriage of Lea Marie COVINGTON, f.k.a. Lea Marie Markes, petitioner, Respondent, v. Steven Paul MARKES, Appellant. No. C3-84-2009.Supreme Court of Minnesota. July 24, 1985. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that disposition of the pending petition for further review of a decision of the […]