Michael L. SWANKE, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C0-85-1748.Minnesota Court of Appeals. April 22, 1986. Appeal from the Municipal Court, Hennepin County, Bernard Johnson, Referee. Page 404 Syllabus by the Court The trial court erred in requiring the Commissioner to prove that respondent was physically able to provide an adequate breath […]
Category: Minnesota Court Opinions
BLAIR v. PEY INC., CX-98-302 (Minn.App. 10-27-1998)
DANIEL C. BLAIR, d/b/a ACRYLIC CREATIONS, Appellant, v. PEY INC., d/b/a PET EXPO DISTRIBUTORS, ET AL., Respondents. No. CX-98-302.Minnesota Court of Appeals. Filed October 27, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. § […]
STATE v. OVERTURF, A06-1032 (Minn. 7-17-2007)
State v. George Wilson Overturf. No. A06-1032.Supreme Court of Minnesota. Filed July 17, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
HAUENSTEIN BERMEISTER v. MET-FAB INDUS., 320 N.W.2d 886 (Minn. 1982)
HAUENSTEIN BERMEISTER, INC., Appellant, v. MET-FAB INDUSTRIES, INC., etc., Respondent. McNeil Corporation, et al., Defendants. No. 81-1172.Supreme Court of Minnesota. June 25, 1982. Appeal from the District Court, Hennepin County, Bruce C. Stone, J. Page 887 Syllabus by the Court 1. A reasonable forum selection clause in a bargained-for sales agreement may be enforced. 2. […]
STATE v. DUNBAR, 296 Minn. 497 (1973)
207 N.W.2d 289 STATE v. LARRY ROBERT DUNBAR No. 43321.Supreme Court of Minnesota. April 27, 1973. Criminal law — information — sufficiency — errors in instructions claimed on appeal. Appeal by Larry Robert Dunbar from a judgment of the Beltrami County District Court, James E. Preece, Judge, whereby he was convicted of unauthorized use of […]
STATE v. PIERSON, A09-132 (Minn. 3-30-2010)
State v. Elliot Lamar-Seccer Pierson. No. A09-132.Supreme Court of Minnesota. Filed March 30, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
IN RE ASSESSMENT OF BENEFITS, 167 Minn. 525 (1926)
209 N.W. 632 IN RE ASSESSMENT OF BENEFITS FROM CHANGING GRADE, GRADING, PAVING AND IMPROVING OF ROBERT AND OTHER STREETS.[1] No. 25,225.Supreme Court of Minnesota. June 11, 1926. [1] Reported in 209 N.W. 632. Former decision law of the case. [Reporter.] Appeal and Error, 4 C.J. p. 1213 n. 83. See 2 R.C.L. p. 224; […]
NICOSIA v. NICOSIA, 304 Minn. 551 (1975)
229 N.W.2d 26 MARGARET M. NICOSIA v. JOHN JOSEPH NICOSIA. No. 44977.Supreme Court of Minnesota. May 2, 1975. Divorce — decree — provision for child support — effect of statute changing age of majority. Appeal by defendant husband from a judgment of the Ramsey County District Court, Otis H. Godfrey, Jr., Judge, whereby he was […]
STATE v. PENKATY, 708 N.W.2d 185 (Minn. 2006)
STATE of Minnesota, Respondent, v. Paul PENKATY, Sr., Appellant. No. A04-1315.Supreme Court of Minnesota. January 10, 2006. Appeal from the District Court, Watonwan County, Allison Krehbiel Baskfield, J. Page 186 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 187 [EDITORS’ NOTE: THIS […]
STATE v. GAINES, 408 N.W.2d 914 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. John Darren GAINES, Appellant. No. CX-87-160.Minnesota Court of Appeals. July 14, 1987. Review Denied September 18, 1987. Appeal from the District Court, Hennepin County, Michael J. Davis, J. Page 915 Syllabus by the Court In sentencing appellant for three crimes against three separate victims, the trial court did not abuse […]
STATE v. OLSON, 274 Minn. 225 (1966)
143 N.W.2d 69 STATE v. ANTON OLSON. No. 40,301.Supreme Court of Minnesota. May 31, 1966. Constitution — criminal responsibility — psychiatric examination to determine — right against self-incrimination. 1. A person accused of a crime who enters a plea of not guilty by reason of insanity cannot be compelled to carry on conversations against his […]
PARKER v. MERRITT, 164 Minn. 305 (1925)
204 N.W. 941 A.E. PARKER AND ANOTHER v. THOMAS A. MERRITT AND ANOTHER.[1] No. 24,810.Supreme Court of Minnesota. July 31, 1925. [1] Reported in 204 N.W. 941. Stockholder who by his conduct has assumed status of stockholder cannot escape liability to creditors on ground his stock was sold to him in violation of “Blue Sky” […]
STATE v. KEBASO, 713 N.W.2d 317 (Minn. 2006)
STATE of Minnesota, Respondent, v. Kefa Apiemi KEBASO, Appellant. No. A04-1239.Supreme Court of Minnesota. April 13, 2006. Appeal from the District Court, Hennepin County, Pamela G. Alexander, J. Page 318 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 319 Syllabus by the […]
STATE v. BROTEN, 341 N.W.2d 279 (Minn. 1983)
STATE of Minnesota, Respondent, v. Gordon Melvin Gale BROTEN, Jr., Appellant. No. C1-82-853.Supreme Court of Minnesota. December 16, 1983. Appeal from the District Court, Roseau County, Robert A. Peterson, J. Syllabus by the Court Defendant was properly charged and fairly tried and convicted of charges of burglary and theft. Dennis J. Murphy, Thief River Falls, […]
YENNIE v. THOMPSON, A10-1069 (Minn.App. 12-28-2010)
Joseph Howard Yennie, Appellant, v. Linda K. Thompson, et al., Respondents, Abraham G. Algadi, et al., Respondents, Nick J. Novak, Respondent, United Van Lines, et al., Defendants. No. A10-1069.Minnesota Court of Appeals. Filed December 28, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may […]
STATE v. LINDSEY, A08-453 (Minn. 3-16-2010)
State v. Tyvarus Lee Lindsey. No. A08-453.Supreme Court of Minnesota. Filed March 16, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. OLIVE, A05-2325 (Minn. 5-30-2007)
State v. Terrence Davone Olive. No. A05-2325.Supreme Court of Minnesota. Filed: May 30, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
RAIRDON v. STATE, 557 N.W.2d 318 (Minn. 1996)
John Albert RAIRDON, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C8-95-2552.Supreme Court of Minnesota. December 12, 1996. Appeal from the District Court, Otter Tail County, Thomas M. Stringer, J. Page 319 Syllabus by the Court 1. Filing but failing to pursue a direct criminal appeal does not waive a petitioner’s right to postconviction relief. […]
KNOTZ v. VIKING CARPET, 361 N.W.2d 872 (Minn. 1985)
John KNOTZ, Respondent, v. VIKING CARPET, Relator. No. C0-84-847.Supreme Court of Minnesota. February 8, 1985. Appeal from the Workers’ Compensation Court of Appeals. Syllabus by the Court 1. Minn.Stat. § 176.011, subd. 3 (1984) requires determination of an employee’s daily wage based on his earnings rather than on remuneration he actually receives. 2. Corporate minutes […]
GALBRAITH v. U.S. PREMISE NETWORKING SERV., A03-1154 (Minn.App. 5-11-2004)
Dan Galbraith, et al., Respondents, v. U.S. Premise Networking Services, Inc., d/b/a Black Box Network Services MN, and Black Box Corporation, Appellants. No. A03-1154.Minnesota Court of Appeals. Filed May 11, 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 […]
BROWN v. WEERES INDUSTRIES, INC., 375 N.W.2d 64 (Minn.App. 1985)
Gordon F. BROWN, et al., Respondents, v. WEERES INDUSTRIES, INC., et al., Appellants. Nos. C6-85-653, CO-85-843.Minnesota Court of Appeals. October 8, 1985. Review Denied December 13, 1985. Appeal from the District Court, Stearns County, Paul G. Hoffman, J. Page 65 Syllabus by the Court 1. Mere inconsistencies in terms do not amount to an ambiguity; […]
STATE v. HENDERSON, 394 N.W.2d 561 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Fabian Maurice HENDERSON, Appellant. No. CX-86-181.Minnesota Court of Appeals. October 21, 1986. Review Denied December 17, 1986. Appeal from the District Court, Hennepin County, Roberta K. Levy, J. Syllabus by the Court 1. The record contains sufficient corroborating evidence to sustain appellant’s conviction. 2. The trial court did not err […]
SCHUYLER v. METROPOLITAN TRANSIT COM’N, 374 N.W.2d 453 (Minn.App. 1985)
Sidney SCHUYLER, Appellant, v. METROPOLITAN TRANSIT COMMISSION, Respondent. No. CX-85-669.Minnesota Court of Appeals. September 17, 1985. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Syllabus by the Court The trial court properly granted respondent’s motion for summary judgment in an action for wrongful discharge under Minn.Stat. § 176.82 because appellant had failed […]
GENZEL v. HALVORSON, 248 Minn. 527 (1957)
80 N.W.2d 854 CHESTER GENZEL v. HARVEY HALVORSON. JOHN ROEMER, THIRD-PARTY DEFENDANT. No. 36,856.Supreme Court of Minnesota. January 25, 1957. Appeal and error — review — necessity of settled case. 1. Where the only issue raised by the appeal is whether the trial court has power to condition a denial of a new trial on […]
SCOTT v. JANKE, 162 Minn. 388 (1925)
202 N.W. 826 WILHELMINA SCOTT AND ANOTHER v. WILLIAM JANKE.[1] No. 24,552.Supreme Court of Minnesota. March 27, 1925. [1] Reported in 202 N.W. 826. Evidence objected to inadmissible under issues and proofs. Under the issues and proofs, it was error to receive evidence, under objection and exception, as to laying tile upon plaintiff’s farm, the […]
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