130 results for 'court:"Minnesota Supreme Court"'.
J. Anderson promulgates amendments to the Minnesota Rules of Civil Procedure to allow service on judges, justices and court staff at their offices, to clarify notice requirements in a rule regarding infants and incompetent persons, and correcting a cross reference in a section regarding depositions.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: June 14, 2023, Case #: ADM04-8001, Categories: Civil Procedure
J. Thissen affirms the defendant's first-degree arson conviction, but concludes, contrary to the Court of Appeals' finding, that the relevant statute requires the state to prove that a fire was set "in a manner not authorized by law" as an element of the offense. The state met its burden to show this element, however, and failure to instruct the jury on this element is not reversible error. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: June 14, 2023, Case #: A21-0477, Categories: Arson, Jury Instructions
J. Hudson suspends attorney Alejandro Espinosa from the practice of law indefinitely, with no minimum period of time before he can seek reinstatement, for neglecting a client matter, failing to communicate with a client's attorney-in-fact, failing to obey a court order and to respond to a court's attempts to communicate, and failing to cooperate with disciplinary investigations. While claims from the attorney's loved ones that he is suffering from dementia might, if true, warrant transfer to disability inactive status instead of a suspension, an inability to confirm these claims makes the court reluctant to do so sua sponte.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 30, 2023, Case #: A20-1288, Categories: Attorney Discipline
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J. Gildea partially reverses the Court of Appeals' decision regarding an administrative rule governing the handling of absentee ballots. While the Court of Appeals correctly held that there was no conflict between state statute and a portion of the rule that prohibits ballot board members from rejecting ballots because they are signed with a nickname, an existing statute conflicts with the portion of the rule which outlines a process for ballot board members to review ballots where the voter's identification number does not match the one on the signature envelope the ballot is sent in.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: May 24, 2023, Case #: A22-0111, Categories: Elections, Preemption
J. Anderson affirms the district court's finding that language in a proposed charter amendment that has been deemed unconstitutional is not severable from the rest of the amendment. The purpose of the amendment, which would have overhauled the city's municipal elections, is fundamentally tied to the unconstitutional language, which would have blocked the use of ranked-choice voting unless previously approved by voters in a manner preempted by state statute. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 24, 2023, Case #: A22-1190, Categories: Constitution, Elections, Municipal Law
J. Moore reverses the court of appeals' finding that the once-convicted person was exonerated for the purposes of exoneration compensation. The convicted person has not presented "evidence of factual innocence," since the overturn of her second-degree manslaughter conviction was premised on a legal, rather than a factual, issue. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 24, 2023, Case #: A20-1098, Categories: Manslaughter, Due Process
J. Hudson reinstates attorney Rachel Toberman to the practice of law following her 2012 suspension for failing to communicate with clients, return a client file and cooperate with a disciplinary investigation, along with engaging in a conflict of interest and making false statements during a disciplinary investigation.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 24, 2023, Case #: A22-0424, Categories: Attorney Discipline