Judge, Court of Appeals of Minnesota
State v. Barnslater
Court of Appeals of Minnesota · 2010-08-17 · cited 19×
In State v. Barnslater, the appellant was convicted of engaging in a pattern of harassing conduct and violating an order for protection based on repeated unwanted contacts with his former romantic partner after she obtained the order, including an incident where he entered her home and a subsequent phone message relayed through a friend. The district court admitted limited evidence of the appellant's prior domestic assault convictions against the same victim as relationship evidence under Minn. Stat. § 634.20 and did not provide a cautionary jury instruction on its use. The appellate court affirmed the convictions, concluding that the evidence was properly admitted because the charged offenses involved domestic abuse as defined by statute and that any error from the missing instruction was not reversible given the evidence's limited scope, the strength of the state's case, and the final jury instructions.
criminal lawfamily law
State v. Hannibal
Court of Appeals of Minnesota · 2010-07-27 · cited 1×
In State v. Hannibal, the State of Minnesota appealed under Minn. R.Crim. P. 28.04 after the district court imposed a stayed probationary sentence on Benjamin Hannibal following his guilty plea to first- and second-degree assault charges stemming from an altercation with his wife. The state argued that the district court had improperly inserted itself into plea negotiations by promising probation in exchange for the plea. The appellate court first held that the state's challenge to the sentence was properly within the scope of a sentencing appeal. Upon review of the record, including the preplea conference and plea proceedings, the court found no evidence that the district court had directly and unequivocally promised a particular sentence in advance, as the court had permitted both parties to advocate for departures and made findings supporting a downward dispositional departure based on the defendant's amenability to probation. The court therefore affirmed the sentence.
criminal lawprocedure
TORCHWOOD PROPERTIES, LLC v. McKinnon
Court of Appeals of Minnesota · 2010-07-13 · cited 7×
The case involved a dispute between adjoining property owners Torchwood Properties and Judith McKinnon, in which Torchwood sued McKinnon for damages allegedly caused by the deterioration and demolition of her building that shared a wall with Torchwood's property. During trial, Torchwood learned that McKinnon had not produced certain handwritten notes in discovery and moved for a continuance or new trial, which the district court denied after finding that McKinnon was unlikely to locate the notes and that a new trial would be delayed for months. Torchwood then ceased participating in the trial by resting its case without presenting further evidence or argument, leading to a judgment for McKinnon. On appeal, the Minnesota Court of Appeals affirmed, holding that Torchwood was estopped from claiming prejudicial error because its own voluntary withdrawal from the trial independently prejudiced its case and obscured any potential prejudice from the district court's rulings on the motions.
propertyproceduretorts & liability
Swenson v. Holsten
Court of Appeals of Minnesota · 2010-06-22 · cited 4×
The case involved a landowner who found a dead black bear on his property, had it taken for taxidermy, and then had the carcass seized by state conservation officers who warned him for illegal possession under Minnesota game and fish laws. The district court granted summary judgment to the DNR officials, ruling that the state's ownership of wild animals under the game and fish laws prevented any private property interest in the carcass. On appeal, the court reversed, holding that the statutes do not bar acquisition of a property interest in the carcass of a wild animal that died naturally, as the laws regulate taking animals from the wild but leave open the possibility of private rights in naturally deceased animals once possession is taken.
propertycriminal lawenvironment
Peoplenet Communications Corp. v. Baillon Ventures, LLC
Court of Appeals of Minnesota · 2010-05-04 · cited 1×
This case involved a dissenter's rights proceeding under Minnesota Statutes section 302A.473, in which Baillon Ventures, a minority shareholder in PeopleNet, challenged the price paid for its shares after the company's sale to its majority shareholder. After the district court determined the fair value of the shares and found no bad faith by either party, Baillon Ventures sought to recover over $54,000 in expenses from its privately retained appraiser as costs assessable against the corporation. The district court awarded only a small amount of other costs and denied the appraisal expenses. The court of appeals affirmed, holding that subdivision 8(a) permits assessment against the corporation only for costs of the proceeding including any court-appointed appraisers, and does not extend to expenses of a shareholder's privately retained expert, which fall outside the statute's court-directed valuation process. The decision turned on the plain language of the statute read in context with the overall framework for share-valuation proceedings.
business & regulatoryprocedure
In Re Enlargement of the Valley Branch Watershed District
Court of Appeals of Minnesota · 2010-05-04 · cited 4×
This case involves an appeal by the City of Woodbury from a decision of the Minnesota Board of Water and Soil Resources (BWSR) approving petitions to enlarge the South Washington Watershed District and Valley Branch Watershed District to absorb territory from a dissolving watershed-management organization, while also increasing the number of managers on one district's board. The city contended that BWSR used unlawful procedure, committed legal error by allowing its authority to be restricted, and reached an arbitrary decision unsupported by substantial evidence on issues including boundaries and manager appointments. The court affirmed BWSR's order, holding that state law prevented BWSR from independently altering the proposed enlargements or boundaries once the existing organization conditioned its dissolution on approval of the petitions as submitted, and that the decisions were adequately explained and supported by the record.
environmentprocedure