12 results for 'judge:"McKeig"'.
J. McKeig affirms the Workers' Compensation Court of Appeals' affirmance of a compensation judge's finding that an employee had compensable post-traumatic stress disorder. The compensation judge's conclusion was based on the employee's credibility and the persuasiveness of an expert diagnosis, so the finding was not manifestly contrary to the evidence.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: April 17, 2024, Case #: A23-1207, Categories: Employment, Evidence, Workers' Compensation
J. McKeig affirms the defendant's second-degree assault conviction, appealed on the grounds that the state did not provide sufficient evidence that the broom handle he broke over his wife's head was a "dangerous weapon" and that he could not be convicted for both second-degree assault and domestic assault. Domestic assault is not a "lesser degree" of second-degree assault, so the relevant Minnesota statute does not prohibit convictions for both offenses, and the state need only prove that death or great bodily harm is a "probable or reasonably expected" outcome of a defendant's use of an object to make it a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 20, 2024, Case #: A22-0960, Categories: Assault, Weapons
J. McKeig affirms the defendant's conviction for knowingly permitting a minor to ingest methamphetamine. The state provided sufficient evidence, including the defendant's relationship with the child's host family and regular contact with the child and her friend, both 14, to make the hypothesis that the defendant knew the children were under 18 the only rational one. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 13, 2024, Case #: A22-0200, Categories: Drug Offender, Evidence, Child Victims
J. McKeig reverses the Court of Appeals' finding that the Bureau of Mediation Services had appropriately weighed the statutory factors of the Public Employment Labor Relations Act, that it was authorized to consider over-fragmentation of bargaining units and that it had not departed from normal procedure in analyzing the police union's petition to determine an appropriate bargaining unit. The Bureau improperly gave controlling weight to its policy preference to certify only four basic county bargaining units, which is not found in PELRA. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 6, 2024, Case #: A22-0911, Categories: Administrative Law, Labor / Unions
J. McKeig affirms the Court of Appeals' reversal of the district court's dismissal of second-degree riot charges for lack of probable cause. Cars may be a dangerous weapon if their use is likely to cause death or great bodily harm, whether or not their drivers intend to cause that harm. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 24, 2024, Case #: A22-1551, Categories: Criminal Procedure, Weapons
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J. McKeig affirms the district court's order requiring that the defendant, convicted for three offenses related to child pornography he produced of an ex-girlfriend's daughter, pay restitution to the child's mother. The family members of a minor victim of a crime may receive restitution, and the child's mother adequately showed that she suffered monetary and psychological damage as a result of the defendant's crimes. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 10, 2024, Case #: A22-0793, Categories: Sex Offender, Restitution, Child Pornography
J. McKeig reverses the Court of Appeals' finding that the repurchase rate of a litigation financing agreement violated Minnesota's usury statute and that interest on the amount owed for that agreement began to accrue only after the Supreme Court's abolition of a prohibition on champerty. The agreement does not fall under the usury statute, since the lender's ability to recover money from the borrower is not absolute. The common-law champerty prohibition, additionally, did not give the borrower a vested contractual right to avoid paying interest. Whether the repurchase rate was "unconscionable on its face" is to be determined by the district court upon remand. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: August 23, 2023, Case #: A21-1338, Categories: Civil Procedure, Contract
J. McKeig reverses the Court of Appeals' finding that the statute of limitations contained within the Minnesota Common Interest Ownership Act bars claims brought by one owner of a common interest community against another owner, which both parties had treated as severed from the community until the first owner sought financial contributions for repairs. The statute of limitations applies only to actions which "challenge the validity of an amendment or a supplemental declaration," and this action argues only that an amended declaration did not effectuate a severance of the second owner from its property interest in the community. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: August 16, 2023, Case #: A22-0288, Categories: Property, Real Estate
J. McKeig affirms the dismissal of the prisoner's second postconviction relief petition, which claimed ineffective assistance of appellate counsel and jury misconduct and sought to compel discovery. There is no reasonable probability, in light of overwhelming evidence that the prisoner killed his wife after searching for poisons and a hit man on the dark web, that the outcome of the prisoner's trial or appeals would have been different were it not for claimed errors. The prisoner also failed to meet his burden to show the need for a hearing on alleged jury misconduct. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: July 19, 2023, Case #: A22-1378, Categories: Ineffective Assistance, Jury, Murder
J. McKeig affirms the Court of Appeals' decision that termination of the parental rights of a father convicted of an offense requiring registration as a predatory offender was proper. A juvenile court has subject-matter jurisdiction to terminate the parental rights of a presumed father, and conviction for a crime requiring predatory-offender registration is adequate grounds for termination of parental rights. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: June 21, 2023, Case #: A22-0589, Categories: Family Law, Jurisdiction