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| Busch v. Model Corp., A05-426,
COURT OF APPEALS OF MINNESOTA, January 10, 2006, Filed
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Overview: Because home solicitation sale statute, Minn. Stat. §§ 325G.06 to 325.11, excluded contracts for sale of real property, which included improvements to real property, court reversed the determination that a contract for construction of a garage constituted home solicitation sale. However, property owner was not entitled to return of down payment.
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| Dunham v. Roer, A05-421,
COURT OF APPEALS OF MINNESOTA, January 10, 2006, Filed
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Overview: Summary judgment was proper in malicious prosecution case because initial restraining order was granted when district court found that appellant's behavior constituted harassment and thus there was probable cause. Appellant also failed to show that respondent brought criminal charges without probable cause.
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| Mendota Golf, LLP v. City of Mendota Heights, A04-206,
SUPREME COURT OF MINNESOTA, January 10, 2006, Filed
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Overview: Mandamus action was not appropriate to challenge city's denial of company's application for amendment to city's comprehensive plan. While conflict between plan and zoning ordinance should be resolved under § 473.858, subd. 1, presence of alternative means indicated that city did not have clear duty to amend plan to conform to ordinance.
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| Mumm v. Mornson, A04-729,
SUPREME COURT OF MINNESOTA, January 10, 2006, Filed
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Overview: Where police officers pursued reportedly suicidal driver, rammed driver's car to stop her, driver adequately asserted deprivation of Fourth Amendment right to be free from unreasonable use of deadly force because she had committed no crime when officers first began following her.
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| State v. Bertsch, A04-0177,
SUPREME COURT OF MINNESOTA, January 10, 2006, Filed
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Overview: Where possession of child pornography and dissemination of child pornography both occurred, at least in part, on same day and were part of the same course of conduct, the possession offenses were included offenses of dissemination and, pursuant to Minn. Stat. § 609.04, defendant could not be convicted of or sentenced for the possession offenses.
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| State v. Ness, A03-1187,
SUPREME COURT OF MINNESOTA, January 10, 2006, Filed
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Overview: District court erred when it admitted evidence, pursuant to Minn. R. Evid. 404(b), of other crimes, wrongs, or acts that occurred 35 years before charged offense. However, defendant's conviction was affirmed as error was harmless. Court refined its jurisprudence, dispensing with independent necessity requirement for admission of Spreigl evidence.
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| State v. Penkaty, A04-1315,
SUPREME COURT OF MINNESOTA, January 10, 2006, Filed
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Overview: In a first degree murder case, Minn. Stat. § 609.185, a court erred when it denied defendant's request for an instruction on second-degree culpable negligence manslaughter because defendant did not seek out the victim, or expect the victim to come to his home, and after the stabbing, defendant administered CPR in an effort to revive the victim.
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| State v. Raines, A04-1481,
COURT OF APPEALS OF MINNESOTA, January 10, 2006, Filed
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Overview: Defendant's motion to suppress evidence seized as result of telephonic search warrant was properly denied because even if officer's failure to make determination of need on record violated Minn. R. Crim. P. 36.02, and even if record was insufficient to establish need for telephonic warrant, the violations were minor and did not require suppression.
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| State v. Swanson, A04-2130,
SUPREME COURT OF MINNESOTA, January 10, 2006, Filed
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Overview: Defendant's conviction for kidnapping was supported by sufficient evidence that showed he was liable under Minn. Stat. § 609.05 for intentionally aiding in kidnapping drug supplier's girlfriend where kidnapping was committed to further a robbery of the supplier and was a foreseeable consequence of robbery; thus, consecutive sentence was not error.
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| Thompson v. City of Minneapolis, A04-1050,
SUPREME COURT OF MINNESOTA, January 10, 2006, Filed
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Overview: In a vehicular pursuit case, the issue of qualified immunity of police officers was remanded for a determination of whether they initiated a "vehicular pursuit," and if so, whether they followed police policy - which created a ministerial duty upon them - in the use of their lights and sirens.
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