12 results for 'judge:"Thissen"'.
J. Thissen reverses the district court's grant of summary judgment to the care home in the patient's mother's wrongful-death action alleging that it negligently failed to contact emergency services or treat the patient when she inhaled food. The mother has enough evidence in the record to raise a question of material fact as to whether the care home caused her daughter's death. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 10, 2024, Case #: A22-1376, Categories: Tort, Negligence, Medical Malpractice
J. Thissen reverses the Court of Appeals' reversal of the defendant's second-degree murder conviction, which was premised on a finding that potential exposure to Covid-19 did not make a witness unavailable for Confrontation Clause purposes and that allowing that witness's prior testimony to be read aloud for the jury without cross-examination was erroneous. While the Court of Appeals was correct as to that issue, the error was harmless beyond a reasonable doubt. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 8, 2024, Case #: A21-1101, Categories: Confrontation, Murder, Witnesses
J. Thissen affirms the defendant's conviction of theft by swindle, finding that search warrants authorizing the seizure and search of her electronic devices were sufficiently particular to survive Fourth Amendment and Minnesota constitutional scrutiny and that the guilty verdict was unattributable to evidence obtained from the search of the defendant's law office. Despite this, law enforcement's search of the law office raises concerns about risks to attorney-client privilege, so the court establishes prospective procedural safeguards for such searches. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 8, 2024, Case #: A22-0468, Categories: Search, Theft
J. Thissen reverses the Court of Appeals, finding that a state trooper's statements that "refusal to take a test [for blood alcohol content] is a crime" complied with the advisory requirements of a Minnesota statute regarding chemical tests requiring a search warrant. The only reasonable reading of the statute is that it requires that a driver be advised, generally, that test refusal is a crime, not that they be advised in detail of all of the elements of the offense of test refusal. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: April 10, 2024, Case #: A22-1238, Categories: Search, Dui, Civil Rights
J. Thissen affirms the district court's denial of the prisoner's motion to correct his sentence for first-degree murder and attempted second-degree murder convictions. The issue raised in the motion, namely the prisoner's assertion that custody credit should be applied to the first of his two consecutive sentences, has already been decided in this case. The motion is therefore barred by the law of the case doctrine. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: February 21, 2024, Case #: A23-1100, Categories: Murder, Sentencing
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J. Thissen reverses the human service commissioner's order requiring the Medicaid vendor to return overpayments. While the failure to maintain health service records does qualify as "abuse" in connection with the provision of medical care to recipients of public assistance under the relevant statute, the human services department failed to explain why its payments to the vendor were improperly paid as a result of that abuse. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: January 10, 2024, Case #: A21-1477, Categories: Administrative Law, Health Care, Medicaid
J. Thissen partially affirms the district court's dismissal of a case brought by patients seeking disclosure of their medical records. Individuals may bring a private right of action under the private attorney general statute, but not under the Minnesota Health Care Bill of Rights. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: December 6, 2023, Case #: A21-1518, Categories: Health Care, Privacy
J. Thissen affirms the Court of Appeals' finding that the district court did not abuse its discretion in granting the county's motion seeking to prohibit landowners whose land it sought to condemn for highway improvement purposes from offering evidence about loss of access to the highway being improved in their appeal seeking greater compensation. The lower courts correctly found that since the new highway did not previously exist, the landowners have not been deprived of a right of access to it. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: August 23, 2023, Case #: A22-0314, Categories: Government, Property
J. Thissen partially vacates the tax court's valuation of a hotel. The county may use a "management-fee" method for valuation of full-service hotels when appropriate, and such a method is not unconstitutional. The tax court's adoption of a 6% reserve for replacement deduction was also not clearly erroneous, nor was its elimination of a duplicate deduction of a franchise fee. The tax court's sales comparison analysis of the hotel was also well-explained, with the exception of an apparent discrepancy between the 37% reduction the tax court applied to account for non-taxable personal property and business assets in a comparator hotel's sales price and the 43% reduction that results from this court's calculations. The case is remanded with a direction to conduct any recalculation or revised analysis required to explain or fix this discrepancy. Affirmed in party.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: August 9, 2023, Case #: A22-1201, Categories: Property, Tax
J. Thissen finds that restrictions put on place by the district court banning the public from the defendant's first-degree aggravated robbery trial was a closure that implicated, but did not necessarily violate, the defendant's right to a public trial. While the availability of the trial to the public through a one-way video feed meant that the public-trial right was not necessarily violated, the record is insufficient to determine whether there was such a violation, and so the case is remanded to the district court for further proceedings to determine whether any violation occurred. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: July 26, 2023, Case #: A20-1638, Categories: Fair Trial, Robbery
J. Thissen affirms the district court's denial of the prisoner's motion to correct his sentence for a first-degree premeditated murder conviction. The failure to complete a sentencing worksheet for the prisoner's life sentence was not unlawful because a life sentence was mandated by minimums imposed by statute at the time of conviction. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: June 28, 2023, Case #: A22-1609, Categories: Murder, Sentencing, Due Process
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