20 results for 'judge:"Chutich"'.
J. Chutich suspends attorney Ronald Frauenshuh Jr. from the practice of law for a minimum of 30 days as reciprocal discipline following discipline in South Dakota for failing to comply with court orders, leading to a mistrial, and continuing to engage in such misconduct during a re-trial.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 28, 2024, Case #: A23-1586, Categories: Attorney Discipline
J. Chutich suspends attorney Eduardo Drake from the practice of law for a minimum of 90 days for failing to deposit an advance fee into trust, failing to diligently handle a client's matter, failing to communicate with a client, failing to maintain books and records documenting a payment from a client, failing to cooperate with a disciplinary investigation and failing to comply with the terms of a private probation.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 13, 2024, Case #: A23-0301, Categories: Attorney Discipline
J. Chutich affirms the defendant's upward durational sentencing departure for his conviction of third-degree criminal sexual conduct against a physically helpless person. The offense was committed in the victim's bedroom and therefore in her zone of privacy, and that aggravating factor is a proper basis for an upward durational departure. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 6, 2024, Case #: A22-0105, Categories: Sentencing, Sex Offender
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J. Chutich affirms the defendant's three first-degree premeditated murder convictions for the killings of his girlfriend, their unborn child, and the girlfriend's infant son. The defendant forfeited appellate relief for an allegedly improper closing argument by failing to object to the relevant portions of that argument at trial, and he has failed to show that speculative statements in closing arguments are a repeated problem warranting prophylactic reversal. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 28, 2024, Case #: A22-1277, Categories: Murder, Prosecutorial Misconduct
J. Chutich affirms the Court of Appeals and the district court in the juvenile delinquency defendant's appeal arguing that the state cannot file more than one notice of intention to prosecute in juvenile delinquency proceedings. The state can file multiple such notices, and thereby extend a suspension of gross misdemeanor proceedings until a child found to be incompetent is restored to competency or ages out of juvenile jurisdiction, or until the state fails to file a timely notice. The Juvenile Rules Advisory Committee is also directed to propose amendments to the relevant rule that will "promote clear, consistent practice and procedures in these juvenile cases." Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 28, 2024, Case #: A22-0654, Categories: Criminal Procedure, Juvenile Law, Sex Offender
J. Chutich affirms the Court of Appeals' conclusion that the district court did not abuse its discretion by removing a trustee of the charitable trust, which also owns a major regional bank. District courts may remove trustees for a "serious breach of trust," and such a breach may be a series of smaller breaches which, taken together, justify removal even if none of them would justify it alone. The trustee's pattern of self-dealing with trust resources, including support for an attempted hostile takeover of the bank by outside investors and abusive treatment of a trust grantee, qualifies under this definition.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 7, 2024, Case #: A22-0906, Categories: Trusts, Fiduciary Duty
J. Chutich affirms the district court's denial of the postconviction relief-seeker's petition. The petition's allegations are time-barred by approximately sixteen years, and the petitioner has not raised any exceptions to this time-bar. His allegations, furthermore, are legally insufficient to justify relief. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 7, 2024, Case #: A23-0915, Categories: Criminal Procedure, Murder
J. Chutich revokes attorney Kenneth Keate's conditional reinstatement to the practice of law and denies his request for additional time to file proof of his successful completion of the professional-responsibility portion of the state bar examination. The attorney has not established good cause for his failure to pass the exam by an established deadline, and his request was procedurally deficient.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: December 12, 2023, Case #: A22-0773, Categories: Attorney Discipline
J. Chutich finds that the appeals court improperly overturned the trial court's ruling in favor of the individual in a defamation action brought by the dance teacher after the individual made a Facebook post accusing him and two other instructors of sexual assault. The appeals court incorrectly found that the individual's post involved a matter of private concern. The post involved a matter of public concern in the context of the #MeToo movement and a desire to discuss sexual assault in the local dance community, therefore the individual's statement is entitled to heightened protection under the First Amendment. The case is remanded for the trial court to determine the veracity of the post and, if the post is found to be false, whether it was made with actual malice. Reversed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: September 27, 2023, Case #: A21-1531, Categories: Defamation, First Amendment
J. Chutich affirms the Court of Appeals' determination that a trust amendment substantially complied with the original trust's terms dictating methods of amendment, and finds that the district court acted within its equitable powers to strike a provision requiring beneficiaries to "start acting [like] family again to my son" to receive payment while retaining the remainder of the amendment. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: July 12, 2023, Case #: A22-0144, Categories: Trusts, Wills / Probate
In two conflicting opinion-dissents, separate majorities of the court led by J. Hudson and J. Chutich find that under a Minnesota Rule of Civil Procedure requiring that an "action" be filed within one year of commencement, filing of an "action" means filing of the summons and complaint with the court, but that the homeowner's association's filing of that summons and complaint as an exhibit to an affidavit included with a memorandum in support of its motion for appointment of a neutral umpire was sufficient to meet this requirement.
Court: Minnesota Supreme Court, Judge: Hudson; Chutich, Filed On: June 28, 2023, Case #: A21-0761, Categories: Civil Procedure, Insurance
J. Chutich affirms the district court's denial of a postconviction relief request brought by a prisoner with outstanding convictions for first-degree premeditated murder and second-degree intentional murder. While good cause exists to extend a deadline to file the prisoner's notice of appeal, and thus the Supreme Court has jurisdiction to hear his case, the district court did not abuse its discretion by summarily denying the prisoner's claims, which fail on the merits. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: June 28, 2023, Case #: A22-1817, Categories: Confrontation, Murder, Jurisdiction