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   State Courts - Minnesota - January 18 - January 25, 2007

  
Falls v. Coca Cola Enters., A06-994, SUPREME COURT OF MINNESOTA, January 18, 2007, Filed
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Overview: Temporary total disability benefits were improperly terminated under Minn. Stat. § 176.101, subd. 1(i), for employee's refusal of a suitable work offer because such disqualification did not apply to situations in which offer predated period of total disability and employee's conduct did not constitute a constructive refusal of suitable employment.

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State v. Lemieux, A05-554, SUPREME COURT OF MINNESOTA, January 18, 2007, Filed
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Overview: When officers saw signs of a forced entry at a residence, the warrantless search of the residence was valid under the emergency-aid exception to the warrant requirement of the Fourth Amendment and Minn. Const. art. I, § 10, and defendant's motion to suppress evidence from the residence was properly denied in his murder trial.

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Wilson v. State, A05-677, SUPREME COURT OF MINNESOTA, January 18, 2007, Filed
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Overview: Defendant should have been granted an evidentiary hearing under Minn. Stat. § 590.04, subd. 1, for his postconviction motion seeking a new trial because the existence of newly-discovered witnesses emphasized the need for a credibility determination and defendant raised important issues of material fact regarding scientific methods used by police.

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Fine v. Bernstein, A05-2393, COURT OF APPEALS OF MINNESOTA, January 23, 2007, Filed
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Overview: The Minnesota Office of Administrative Hearings properly found that a candidate's statements in a flyer violated Minn. Stat. § 211B.06 of the Minnesota Fair Campaign Practices Act because they were assertions of fact about an incumbent and the board records contradicted the statements in the flyer; the $ 800 penalty was valid.

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State v. Mauer, A05-460, COURT OF APPEALS OF MINNESOTA, January 23, 2007, Filed
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Overview: Defendant's conviction for possession of child pornography under Minn. Stat. § 617.247, subd. 4(a) based on his purchase of compact discs was upheld because the statute required a sufficient level of scienter as to the age of the performers to satisfy First Amendment requirements and he was in some manner aware of the age of the performers.

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Croixdale, Inc. v. County of Washington, A06-153, SUPREME COURT OF MINNESOTA, January 25, 2007, Filed
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Overview: Assisted living center was not entitled to property tax exemption under Minn. Stat. § 272.02 because the center did not meet its burden of establishing that its services were offered considerably below cost, the tax court could have reasonably concluded that the center produced a profit, and it did not show how it lessened a burden on government.

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State v. Jackson, A05-1882, SUPREME COURT OF MINNESOTA, January 25, 2007, Filed
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Overview: Evidence was sufficient to support defendant's conviction for first-degree murder while attempting to commit aggravated robbery, Minn. Stat. §§ 609.05, subd. 1; 609.245, subd. 1, as 1) he intended to aid in commission of robbery; 2) he was found within vicinity of murder weapon; and 3) murder was foreseeable as use or threat of force was planned.

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State v. Wright, A03-1197, SUPREME COURT OF MINNESOTA, January 25, 2007, Filed
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Overview: Victims' statements to the police were testimonial, and therefore their admission violated defendant's rights under the Confrontation Clause, because the police interviews occurred after the emergency had ended and were conducted in order to establish events potentially relevant to defendant's future prosecution.

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