Category: Minnesota Court Opinions

STATE of Minnesota, Respondent, v. Dennis Brian HERNANDEZ, Appellant. No. C6-86-551.Minnesota Court of Appeals. September 9, 1986. Review Denied October 22, 1986. Appeal from the District Court, Ramsey County, Bertrand Poritsky, J. Syllabus by the Court 1. Police records of potential jurors are not discoverable by the defense. 2. Defendant was properly impeached by a […]

225 N.W.2d 4 NEW ULM BUILDING CENTER, INC. v. WILLMAR STUDTMANN AND OTHERS. WILLIAM F. FORBROOK, INTERVENOR. No. 44417.Supreme Court of Minnesota. November 1, 1974. Mechanics liens — foreclosure — liability of owners for “extras” — reasonableness of charges by builder and supplier. Action in the Nicollet County District Court to foreclose a mechanics lien […]

244 N.W.2d 159 STATE v. JOSEPH WILLIAM HUBERT. No. 45843.Supreme Court of Minnesota. July 9, 1976. Criminal law — conviction of indecent liberties — sufficiency of evidence. Appeal by Joseph William Hubert from a judgment of the Ramsey County District Court, James M. Lynch, Judge, whereby he was convicted on two counts of indecent liberties. […]

In re the Marriage of Theresa Marie MANORE, petitioner, Respondent, v. Calvin Charles MANORE, Appellant. No. C9-86-2178.Minnesota Court of Appeals. June 30, 1987. Appeal from the District Court, Washington County, Howard R. Albertson, J. Page 884 Syllabus by the Court The circumstances surrounding the dissolution judgment warrant its vacation in the interests of justice. William […]

Lillian C. PIETRZAK, Appellant, v. Bennie Oscar EGGEN, defendant and third party plaintiff, Respondent, v. Joseph M. PIETRZAK, third party defendant, Respondent. No. 49538.Supreme Court of Minnesota. June 20, 1980. Appeal from the District Court, Marshall County, Warren A. Saetre, J. Page 505 Syllabus by the Court 1. Where expert testified that over 50% of […]

14 N.W.2d 343 STATE EX REL. VICTOR MAKI v. VILLAGE OF HIBBING AND OTHERS.[1] No. 33,726.Supreme Court of Minnesota. May 5, 1944. [1] Reported in 14 N.W.2d 343. Municipal corporation — war veteran employs of village — sprinkler’s helper — apportionment of time of employment. Under veterans preference act, a sprinkler’s helper employed on a […]

Ronald J. MECHURA, Respondent, v. Jeanne M. McQUILLAN, Appellant. No. CO-87-1365.Minnesota Court of Appeals. March 8, 1988. Appeal from the District Court, Ramsey County, E. Thomas Brennan, J. Page 856 Syllabus by the Court 1. The trial court did not err in concluding appellant had no legal or equitable Page 857 interest in the real […]

STATE of Minnesota, Appellant, v. Mark Edward DINEEN, Respondent. No. 51372.Supreme Court of Minnesota. August 12, 1980. Appeal from the District Court, Swift County, DePaul D. Willette, J. Page 422 Syllabus by the Court Abandonment, if any, of motor vehicle was prompted by threat of search of vehicle by officer who did not have probable […]

198 N.W.2d 339 MERLE DUNNELL v. SCHAEFER DIVISION OF STUDEBAKER AND ANOTHER. No. 43305.Supreme Court of Minnesota. June 9, 1972. Workmen’s compensation — compensation award — findings of disability and medical expense — sufficiency of evidence. Certiorari upon the relation of Schaefer Division of Studebaker, Page 518 employer, and Zurich Insurance Company, its insurer, to […]

In re the Marriage of June Marie MUSIELEWICZ, Petitioner, Appellant, v. Leo George MUSIELEWICZ, Respondent. No. C5-86-797.Minnesota Court of Appeals. January 20, 1987. Review Denied March 25, 1987. Appeal from the District Court, Morrison County, Ranier L. Weis, J. Page 101 Syllabus by the Court 1. The trial court’s decision in the valuatin and division […]

In the Matter of the EXPULSION OF N.Y.B., from Anoka-Hennepin Independent School District No. 11. No. A07-1277.Minnesota Court of Appeals. June 10, 2008. Page 319 Syllabus by the Court 1. The Pupil Fair Dismissal Act (PFDA), Minn.Stat. §§ 121A.40–121A.56 (2006), grants the Commissioner of Education quasi-appellate jurisdiction over a school board’s expulsion proceedings, which must […]

Connie C. REIDER, Respondent, v. ANOKA-HENNEPIN SCHOOL DISTRICT NO. 11, Self-Insured, Relator, and Noran Neurological Clinic, and Blaine Chiropractic Center, Intervenors. No. A06-1344.Supreme Court of Minnesota. March 8, 2007. Appeal from the review of decision of Workers’ Compensation Court of Appeals (WCCA), 2006 WL 1977512. Page 247 SYLLABUS Minnesota Statutes § 176.155, subd. 2 (2006), […]

In re Petition for REINSTATEMENT OF Gregory Allen CARPENTER, a Minnesota Attorney, Registration No. 263898. No. A10-661.Supreme Court of Minnesota. October 15, 2010. ORDER On April 5, 2000, we indefinitely suspended petitioner Gregory Allen Carpenter from the practice of law, retroactively to November 1, 1999, with no right to petition for reinstatement for a minimum […]

Michael K. SMITH, Relator, v. EMPLOYERS’ OVERLOAD COMPANY, Respondent, Department of Economic Security, Respondent. Alan NOWICKI, Relator, v. TOP TEMPORARY, INC., Respondent, Department of Economic Security, Respondent. Nos. 52088, 52089.Supreme Court of Minnesota. December 17, 1981. Syllabus by the Court The voluntary leave provision of the Unemployment Compensation Act, Minn.Stat. § 268.09, subd. 1(1) (1980), […]

Charles W. WRIGHT, Appellant, v. M. B. HAGEN REALTY CO., et al., Respondents. No. 47634.Supreme Court of Minnesota. July 21, 1978. Appeal from the District Court, Hennepin County, William Posten, J. James S. Eriksson, Minneapolis, for appellant. James M. Rosenbaum, Minneapolis, for respondents. Considered and decided by the court without oral argument. Page 63 WAHL, […]

178 N.W.2d 854 WINTON HOLMGREN, A MINOR, BY HERBERT HOLMGREN, HIS FATHER AND NATURAL GUARDIAN, AND ANOTHER v. EDMUND HEISICK AND OTHERS. NORTHWESTERN NATIONAL INSURANCE GROUP v. EDMUND HEISICK AND ANOTHER. Nos. 41367, 42205.Supreme Court of Minnesota. June 26, 1970. A car owned by Lawrence B. Schmit and covered by a policy of liability insurance […]

Patrick G. TAUBMAN, Appellant, v. PROSPECT DRILLING SAWING, INC., Respondent. No. C6-90-2448.Minnesota Court of Appeals. April 30, 1991. Review Granted July 24, 1991. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 336 Syllabus by the Court An action claiming retaliatory discharge for bringing a workers’ compensation claim is barred if contractual […]

132 N.W.2d 734 LAWRENCE W. LANGE AND OTHERS v. CALVIN POTTER. No. 39,356.Supreme Court of Minnesota. January 22, 1965. Automobiles — negligent operation by bailee’s agent — bailor’s liability. Where the bailee of a vehicle is a member of the bailor’s immediate family and gives a third person permission to drive but remains a passenger […]

Danny C. ALLEN, Respondent, v. BUDGET FOREIGN AUTO PARTS and MN Workers’ Compensation Assigned Risk Plan/Wausau Insurance Companies, Respondents, McCashin Associates, Relator. No. C9-98-1070.Supreme Court of Minnesota. August 27, 1998. Considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision […]

Kim R. SALAMON, Relator, v. TIME SHARE COMPUTER SYSTEMS, INC., Respondent, and Commissioner of Economic Security, Respondent. No. CX-83-1249.Minnesota Court of Appeals. December 21, 1983. Page 301 Syllabus by the Court 1. Unemployment compensation benefits can be denied to an employee who has terminated his employment voluntarily. 2. The employer has the burden of proving […]

In re Petition for DISCIPLINARY ACTION AGAINST Richard Lee SWANSON, a Minnesota Attorney, Registration No. 173423. No. A05-2501.Supreme Court of Minnesota. February 14, 2006. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Richard Lee Swanson committed professional misconduct warranting public discipline, namely, failure […]

Beth Leonard, on behalf of herself and all others similarly situated, Appellant, vs. Northwest Airlines Inc., Respondent. No. C0-99-948.Minnesota Court of Appeals. Filed February 8, 2000. Page 426 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 427 Syllabus by the Court The […]

94 N.W.2d 354 WILLIAM H. ALSLEBEN v. OLIVER CORPORATION AND OTHERS. No. 37,530.Supreme Court of Minnesota. January 16, 1959. Trial — cross-examination — adverse party — defendant in default. 1. Pursuant to Rule 43.02 of Rules of Civil Procedure, a defendant who is in default upon any issue essential to plaintiff’s cause ceases, as to […]

Jana Kyute, Respondent, v. Evelyn Auslund, Appellant. No. C2-03-164.Minnesota Court of Appeals. Filed: September 16, 2003. Appeal from the District Court, Ottertail County, File No. C3011396. SYLLABUS Future medical expenses and loss of future earning capacity are economic damages and are not subject to the tort-threshold requirements of Minn. Stat. § 65B.51, subd. 3 (2002). […]

In re the Marriage of Susan D. FUNARI, Petitioner, Appellant, v. Stephen D. FUNARI, Respondent. No. C0-86-304.Minnesota Court of Appeals. June 10, 1986. Appeal from the District County, Washington County, Howard R. Albertson, J. Page 752 Syllabus by the Court The trial court did not abuse its discretion in determining child support or in modifying […]

William J. HAGERTY, Petitioner, Respondent, v. Claire HAGERTY, Appellant. No. 48951.Supreme Court of Minnesota. June 29, 1979. Appeal from the District Court, Hennepin County, Robert E. Bowen, J. Syllabus by the Court 1. Untreated alcoholism cannot defeat a finding of irretrievable breakdown within the meaning of the marriage dissolution statute, Minn.St. 1976, § 518.06, which […]

In the Matter of the WELFARE OF B.J.J., Child. No. CX-91-809.Minnesota Court of Appeals. October 29, 1991. Appeal from the District Court, Polk County, John B. Roue, J. Page 526 Syllabus by the Court A change in circumstances after judgment is not a mistake that provides a basis for vacating the judgment under Minn.R.Civ.P. 60.02 […]

STATE of Minnesota, Respondent, v. Leonell ANDERSON, Appellant. No. C1-85-1578.Minnesota Court of Appeals. December 3, 1985. Appeal from the District Court, Nicollet County, Noah S. Rosenbloom, J. Page 633 Syllabus by the Court 1. Appellant is entitled to execution of each of his probationary sentences with credit for six months probationary jail time. 2. Appellant […]

107 N.W.2d 386 BRUCE G. OLSON v. FRANK T. STARKEY, COMMISSIONER OF EMPLOYMENT SECURITY. No. 38,105.Supreme Court of Minnesota. February 3, 1961. Unemployment compensation — right to benefits — availability for work. 1. The term “available for work” as used in Minn. St. 268.08, subd. 1(3), has been construed to mean that unless the claimant […]

20 N.W.2d 528 ORVILLE WENDELSDORF v. COUNTY OF MARTIN.[1] No. 34,090.Supreme Court of Minnesota. November 9, 1945. [1] Reported in 20 N.W.2d 528. Appeal and error — review — necessity of exception at trial or assignment in motion for new trial as ground for review. Error, if any, in a ruling on the trial may […]

STATE of Minnesota, Appellant, v. Donna Mae TOTTENHAM, Respondent. No. C4-85-215.Minnesota Court of Appeals. May 28, 1985. Appeal from the County Court, Carver County, Philip T. Kanning, J. Syllabus by the Court Trial court erred in ruling the stop of respondent’s car was unconstitutional. Hubert H. Humphrey, III, Atty. Gen., St. Paul, Marcia Rowland, Carver […]

107 N.W.2d 226 CARL WINTER AND OTHERS v. FARMERS EDUCATIONAL COOPERATIVE UNION OF AMERICA (MINNESOTA DIVISION) AND ANOTHER. ROZELLA HENDRICKSON, SPECIAL ADMINISTRATRIX OF ESTATE OF JOHN C. ERP, APPELLANT. No. 37,991.Supreme Court of Minnesota. January 6, 1961. Appeal and error — review — question first raised on appeal — when considered. 1. Objections which go […]

STATE of Minnesota, Respondent, v. Gordon FRATZKE, Appellant. No. C6-83-17.Supreme Court of Minnesota. August 17, 1984. Appeal from the District Court, Mille Lacs County, Gaylord A. Saetre, J. Page 403 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 404 Syllabus by the […]

Mary E. DELIDUKA, Respondent, v. George E. DELIDUKA, Appellant. No. CO-83-1261.Minnesota Court of Appeals. April 4, 1984. Appeal from the District Court, Wright County, Harold Dahl, J. Page 53 Syllabus by the Court 1. Military pensions are marital property as defined by Minn.Stat. § 518.54. 2. The Uniformed Services Former Spouses’ Protection Act grants states […]

UNITED BANK OF SKYLINE, Respondent, v. David FALES, Defendant, Arthur J. Petrie, Appellant. No. C8-86-549.Minnesota Court of Appeals. October 28, 1986. Review Granted December 23, 1986. Appeal from the District Court, Blue Earth County, Harvey A. Holtan, J. Syllabus by the Court The trial court did not err in refusing to vacate a Colorado judgment […]

182 N.W.2d 845 JOHN O. McMILLEN v. STATE. No. 41985.Supreme Court of Minnesota. December 24, 1970. Criminal law — denial of postconviction relief — propriety. Record, including plenary evidentiary hearing in proceeding for postconviction relief, held adequate to sustain postconviction court’s findings of fact and to support denial of any relief. Page 41 Appeal by […]

4 N.W.2d 342 STATE v. STUART McILRAITH.[1] No. 33,208.Supreme Court of Minnesota. June 5, 1942. [1] Reported in 4 N.W.2d 342. Illegitimate child — conviction sustained. The verdict is sustained by the evidence, and the trial court did not err in denying defendant’s motion for a new trial. Defendant was found guilty in the district […]

Darrell A. JOHNSON, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C2-92-295.Minnesota Court of Appeals. July 7, 1992. Review Denied August 27, 1992. Appeal from the District Court, Hennepin County, Gary Larson, J. Page 826 Syllabus by the Court A postconviction proceeding is not a separate action providing a defendant the right to one automatic […]

219 N.W.2d 442 WARREN BERTHIAUME v. VERNON THOMPSON, d.b.a. BERTHIAUME THOMPSON PAINTING, AND ANOTHER. STATE TREASURER, CUSTODIAN OF SPECIAL COMPENSATION FUND. No. 44355.Supreme Court of Minnesota. June 21, 1974. Workmen’s compensation — compensation award — denial of reimbursement from Special Compensation Fund — propriety. Certiorari upon the relation of Vernon Thompson, d.b.a. Berthiaume Thompson Painting, […]

In the Matter of Special Instruction and Services for Heidi PAUTZ for the School Year 1978-1979. INDEPENDENT SCHOOL DISTRICT NO. 277, petitioner, Respondent, v. Gerald PAUTZ, and Cecile Pautz, as Parents and Natural Guardians of Heidi Pautz, Respondents (50989) Appellants (51016), Department of Education of the State of Minnesota, Appellant (50989) Respondent (51016). Nos. 50989, […]

Donna Mae GONSIOR, Relator, v. ALTERNATIVE STAFFING, INC., Department of Economic Security, Respondents. No. C4-85-1199.Supreme Court of Minnesota. March 21, 1986. Page 655 Kevin Snell, Minneapolis, for Alternative Staffing. Peter C. Andrews, St. Paul, for Dept. of Economic Sec. Considered and decided by the court en banc without oral argument. AMDAHL, Chief Justice. Petitioner Donna […]

William Alfred GOLDSWORTHY, petitioner, Appellant, v. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Respondent. No. 47979.Supreme Court of Minnesota. May 26, 1978. Rehearing Denied July 5, 1978. Appeal from the District Court, Hennepin County, William S. Posten, J. Page 47 Syllabus by the Court 1. A notice of proposed revocation of driver’s license sent by […]

STATE of Minnesota, Respondent, v. Michael James BAUER, Sr., Appellant. No. 48786.Supreme Court of Minnesota. January 11, 1980. Appeal from the District Court, Ramsey County, Hyam Segell, J. Page 17 Syllabus by the Court 1. There was more than sufficient evidence to support the verdict of guilty of criminal sexual conduct in the first degree. […]

TWIN CITY CONSTRUCTION COMPANY OF FARGO, N.D., Respondent, v. ITT INDUSTRIAL CREDIT COMPANY, Appellant. No. C4-84-1113.Minnesota Court of Appeals. December 11, 1984. Appeal from the District Court, Ramsey County, Hyam Segell, J. Syllabus by the Court 1. After substantially completing construction project, contractor was entitled to recover from lender final payment due as third party […]

244 N.W.2d 156 JENNIE HAKALA, TRUSTEE FOR HEIRS OF PALMER E. HANSON, v. MEGARRY BROS. No. 45888.Supreme Court of Minnesota. July 2, 1976. Negligence — negligence of contractor in permitting dangerous condition and failing to warn of it — instruction on emergency doctrine. Action in the Carlton County District Court for death by wrongful act […]

State of Minnesota, petitioner, Appellant, vs. Jay Joseph Grossman, Respondent. No. C8-00-459.Supreme Court of Minnesota. Filed: December 13, 2001. Appeal from the District Court, Dakota County, Mary E. Pawlenty, J. SYLLABUS Due process requires that, other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed […]

David GOEMAN, et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent. No. A06-425.Minnesota Court of Appeals. December 19, 2006. Appeal from the District Court, Hennepin County, Kevin S. Burke, J. Page 376 Syllabus 1. A reply brief will not be stricken when it does not raise any new matters but merely rephrases arguments in order to […]

STATE of Minnesota, Respondent, v. Ambrose L. KEEBLE, Appellant. No. 81-72.Supreme Court of Minnesota. November 6, 1981. Appeal from the District Court, Hennepin County, David Leslie, J. Syllabus by the Court Evidence of defendant’s participation in assault with a dangerous weapon held sufficient. C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, […]

107 N.W.2d 378 STATE EX REL. VERNIT NELSON v. DOUGLAS C. RIGG. No. 38,175.Supreme Court of Minnesota. February 3, 1961. Habeas corpus — petition — sufficiency — how determined on appeal. Transcript of proceedings before district court clearly indicates that grounds upon which relator relied for obtaining writ of habeas corpus were not sufficient to […]

50 N.W.2d 707 SHELL OIL COMPANY v. GEORGE R. KAPLER AND OTHERS.[1] No. 35,584.Supreme Court of Minnesota. December 21, 1951. [1] Reported in 50 N.W.2d 707. Vendor and purchaser — option to purchase — financial ability of prospective purchaser. 1. A purchaser may not have the necessary cash in hand, but that alone does not […]

231 N.W.2d 919 JOSEPH BECK AND OTHERS v. CITY OF ST. PAUL AND ANOTHER. Nos. 45442, 45465, 45466.Supreme Court of Minnesota. July 3, 1975. Zoning — ordinance rezoning area — initiation by city council — validity of procedure. 1. St. Paul Ordinance No. 15521 was validly initiated by the St. Paul City Council pursuant to […]

195 N.W.2d 827 STATE v. S. PETER GETMAN AND ANOTHER.[*] Nos. 42857, 42858.Supreme Court of Minnesota. March 17, 1972. [*] Record certified to United States Supreme Court June 21, 1972. Criminal law — convictions of exhibiting and selling obscene materials — obscenity of materials — showing required. The materials exhibited and sold by defendants were […]