83 results for 'court:"Minnesota Court Of Appeals"'.
J. Gaitas affirms the district court's denial of a postconviction relief petition arguing that a defendant's due process rights were violated when the district court failed to order a competency evaluation and his attorney did not request one. At relevant hearings, the defendant's behavior was not so unusual that a reasonable attorney should have doubted his competence, regardless of the defendant's previous findings of incompetence for similar behavior. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: August 28, 2023, Case #: A21-0938, Categories: Competence, Ineffective Assistance, Domestic Violence
J. Frisch reverses the defendant's sentence for drug and firearm-related offenses, finding that he did not expressly or implicitly waive his right to counsel after dismissing his existing counsel, and so should not have been required to proceed pro se at his sentencing hearing. The district court did not advise the defendant of the consequences of discharging his counsel or proceeding pro se at the sentencing. Reversed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: August 21, 2023, Case #: A22-1333, Categories: Drug Offender, Sentencing, Self Representation
J. Wheelock reverses the district court's order vacating the Office of Administrative Hearings' approval of a city's annexation of a portion of an adjacent township by joint resolution and requiring an evidentiary hearing and factual findings. The Minnesota statute setting forth the Office's powers in annexation proceedings does not impose an independent hearing requirement, and its lack of comment was not grounds for the district court to decline review. Reversed.
Court: Minnesota Court Of Appeals, Judge: Wheelock, Filed On: August 21, 2023, Case #: A23-0048, Categories: Administrative Law, Municipal Law
J. Reilly reverses the district court's dismissal of the former prisoner's claims arising from a sexual assault by a correctional officer. The state and its department of corrections and commissioner of corrections are not immune from vicarious liability as to the prisoner's tort claims, since the officer was acting in his official capacity at the time of the sexual assault and used his official authority to coerce her into silence. She has also pleaded facts sufficient to raise questions of fact as to whether the officer was acting within the scope of his employment. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reilly, Filed On: August 21, 2023, Case #: A22-1827, Categories: Civil Rights, Tort, Prisoners' Rights
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J. Bratvold affirms the district court's dismissal of the countertop installer's counterclaims against the countertop manufacturer in a dispute over the collapse of their business relationship, along with its denial of the installer's motion for a new trial, its instructions to jurors on recoupment damages, its awards of attorney fees and costs and disbursements to the manufacturer and its sanctions of the installer's attorney. The parties' relationship was not a franchise, since a franchise fee does not include agreements to purchase goods at a "bona fide wholesale price." The court's award of costs and disbursements based on an unaccepted zero-dollar settlement offer was also appropriate, since the relief awarded against the installer was less favorable than the offer. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: August 21, 2023, Case #: A22-0723, Categories: Sanctions, Attorney Fees, Contract
J. Connolly partially reverses the district court's grant of summary judgment to the human services department and commissioner in the county-based Medicaid purchasers' suit against them seeking to halt the adoption of a managed-care procurement model in their counties. The department's procurement process violates two of the three purchasers' rights to participate in mediation, but not the third. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: August 14, 2023, Case #: A22-1643, Categories: Administrative Law, Health Care, Medicaid
J. Ross Affirms the district court's decision to apply the lodestar method in determining a reasonable amount of a landowner's attorney fees in an eminent-domain proceeding. Attorney fee awards in such proceedings are not limited by the amount a landowner would owe an attorney under a contingency-fee agreement.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: August 7, 2023, Case #: A23-0036, Categories: Property, Attorney Fees
J. Jesson reverses the district court's denial of the tenant's request for expungement of his eviction record. District courts have inherent authority to expunge such records, and on remand the district court is to apply a balancing test established in 1981 by the Minnesota Supreme Court for such cases, considering the difficulties the petitioner has demonstrated in securing housing as a result of the record, the nature and seriousness of the reason for eviction, the potential risk a petitioner may pose and the impact of that risk on the public's right to access records, any additional similar offenses or rehabilitative efforts since the eviction, objective evidence of hardship and how much, if any, back rent is owe and if there is a payment plan in place. Reversed.
Court: Minnesota Court Of Appeals, Judge: Jesson, Filed On: July 31, 2023, Case #: A22-1645, Categories: Public Record, Housing
J. Reilly reverses the human services commissioner's decision determining that the healthcare provider was responsible for overpayments of Minnesota Health Care Programs funds. Monetary recovery of such funds is only possible under state law when a healthcare vendor is improperly paid as a result of "abuse," and the commissioner did not make an adequate showing to that effect. The commissioner did not, however, improperly delegate her authority by allowing the director of the department's appeals office to author the department's opinion. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Reilly, Filed On: July 24, 2023, Case #: A22-1688, Categories: Administrative Law, Health Care
J. Wheelock affirms the district court's denial of a motion to suppress evidence from a lockbox removed from an impounded vehicle six days after the defendant's arrest and his vehicle's impoundment. Law enforcement retained the authority to search the vehicle and containers inside it after the vehicle's impoundment, since no facts or circumstances suggested that the search had become less reasonable in that time. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Wheelock, Filed On: July 24, 2023, Case #: A22-1115, Categories: Search, Vehicle
J. Bratvold reverses the district court's denial of the Amish community members' request for a declaration that the county and environmental regulators may not enforce a requirement that they install septic tanks for gray water disposal. The government has not met its burden to demonstrate a compelling state interest in enforcing the requirement against the Amish, nor that it has no less restrictive means of fulfilling that state interest. Reversed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: July 10, 2023, Case #: A22-1534, Categories: Administrative Law, Civil Rights
J. Connolly affirms the district court's revocation of the defendant's probation and execution of his sentence for first-degree criminal sexual conduct. The state has met its burden of proving that defendant's repeated unsupervised contact with female minors despite a probation condition forbidding such contact, along with violations of conditions forbidding the use of sexually explicit material and requiring him to complete an outpatient sex offender program, warranted revocation of probation.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: July 10, 2023, Case #: A22-1715, Categories: Probation, Sex Offender
J. Smith affirms the district court's denial of a postconviction relief petition for a defendant convicted of two counts of felony domestic assault. The district court did not modify the defendant's sentence by executing a stayed sentence, and so the petition was filed after the expiration of the statute of limitations and so was properly denied as time-barred. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Smith, Filed On: July 10, 2023, Case #: A23-0020, Categories: Sentencing, Domestic Violence
J. Larkin affirms the district court's dismissal of a petition for a writ of quo warranto preventing enforcement of emergency orders promulgated by the governor during a peacetime emergency triggered by the Covid-19 pandemic. The peacetime emergency was authorized by the Emergency Management Act of 1996. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Larkin, Filed On: July 10, 2023, Case #: A21-0626, Categories: Government, Covid-19
J. Slieter reverses the district court's grant of an order for protection to the stepsister against her stepbrother, finding that an existing domestic abuse no contact order is not an order for protection for the purposes of issuing a subsequent order for protection under a statute allowing district courts to grant new protection orders after previous orders have expired.
Court: Minnesota Court Of Appeals, Judge: Slieter, Filed On: June 26, 2023, Case #: A22-1225, Categories: Domestic Violence, Restraining Order
J. Ross affirms the district court's dismissal of the developer's mandamus petition seeking approval of its conditional use permit application and damages. The city's approval of the application rendered the mandamus petition moot, and granting a petition for an alternative writ of mandamus does not constitute "giving judgment" under a state law governing mandamus damages.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: June 26, 2023, Case #: A22-1637, Categories: Municipal Law, Damages
J. Johnson vacates the district court's decision that the father is not entitled to a hearing before a human-services judge to challenge a county's determination that his child has not been sexually abused. The district court did not have subject-matter jurisdiction over the proceeding, since the father did not serve his initial proceeding on the county as required by the relevant statute. Vacated.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: June 26, 2023, Case #: A22-1420, Categories: Civil Procedure, Family Law
J. Gaitas reverses the district court's finding that the state patrol is not entitled to dismissal of a dog-bite claim due to sovereign immunity. A Minnesota dog-bite statute's attribution of liability to the "owner" of the dog does not constitute a waiver by the legislature of sovereign immunity.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: June 12, 2023, Case #: A22-1545, Categories: Tort, Immunity
J. Segal affirms the unemployment law judge's decision to deny unemployment benefits to an employee who was terminated for refusing to comply with her employer's Covid-19 vaccination policy. Substantial evidence in the record supports the judge's finding that the employee's reasons for vaccination refusal were secular, namely concerns about the vaccine's safety and efficacy, rather than the result a sincerely held religious belief.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: June 12, 2023, Case #: A22-1230, Categories: Employment, Employment Discrimination
J. Reyes affirms the district court's dismissal of a probate proceeding involving an out-of-state decedent, finding that the district court did not abuse its discretion by raising the issue of an improper venue and that it provided sufficient notice to the creditor for the hearing on venue. The district court also did not abuse its discretion by denying in part a motion for amended findings of fact, and its order denying a motion for a new trial was not appealable. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: May 22, 2023, Case #: A22-1262, Categories: Wills / Probate, Venue