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| Minn. Voyageur Houseboats, Inc. v. Las Vegas Marine Supply, Inc., A04-866,
SUPREME COURT OF MINNESOTA, January 26, 2006, Filed
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Overview: Upon receiving a garnishment summons from a judgment-creditor, the bank could exercise its contractual right to set off under a promissory note against money that the judgment debtor/borrower had on deposit with the bank because bank's right to acceleration and set off were alternative and cumulative and borrower had defaulted under terms of note.
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| Schroeder v. St. Louis County, A04-97,
SUPREME COURT OF MINNESOTA, January 26, 2006, Filed
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Overview: In wrongful death action, county and road grader operator were entitled to immunity on claim that operator was grading against traffic because county decision permitted operators to choose to grade against traffic. But, because there was dispute as to whether grader's lights were on at dusk, summary judgment was not proper on that claim.
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| State v. Mems, A04-1608,
SUPREME COURT OF MINNESOTA, January 26, 2006, Filed
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Overview: Admission of evidence obtained during the execution of search warrants for defendant's house and vehicles was proper where the alleged misrepresentations, largely information gathered in 911 calls, were neither intentional nor reckless, and in any event not material as the affidavits otherwise provided probable cause for the search warrants.
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| Turnage v. State, A04-2419,
SUPREME COURT OF MINNESOTA, January 26, 2006, Filed
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Overview: In a murder case, the evidence was sufficient to prove an underlying kidnapping, Minn. Stat. § 609.25, where defendant invited the intoxicated victim into the car, defendant called another accomplice to ask for weapons, they drove to a secluded spot, and defendant attacked the victim, pursued him into the field, and stabbed him to death.
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| First Nat'l Bank v. Miller & Schroeder Fin., Inc., A05-705,
COURT OF APPEALS OF MINNESOTA, January 31, 2006, Filed
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Overview: Banks' claims were properly dismissed for failure to state claim because State's registration of securities for sale in Minnesota was an act of licensing or other authorization to which statutory immunity of Tort Claims Act, Minn. Stat. § 3.736, subd. 3(k), applied and State was not subject to suit under Consumer Fraud Act, Minn. Stat. § 325F.69.
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| In re Welfare of J.L.P., A05-67,
COURT OF APPEALS OF MINNESOTA, January 31, 2006, Filed
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Overview: Two-tired sentencing scheme that was imposed under Minn. Stat. § 260B.130, subd. 4(a) did not put defendant twice in jeopardy for the same offense in violation of U.S. Const. amend. V and Minn. Const. art. I, § 7, as the juvenile disposition and the adult sentence were a single punishment that had multiple components.
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| State v. Schuster, A04-2278, A05-41,
COURT OF APPEALS OF MINNESOTA, January 31, 2006, Filed
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Overview: Appellate court reversed defendants' convictions for DWI in violation of Minn. Stat. § 169A.25, subd. 1(a) because the court could not use North Dakota DWI convictions to enhance the charges against defendants where the North Dakota convictions were obtained in violation of Minnesota's limited constitutional right to pretest counsel.
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| Zurich Am. Ins. Co. v. Bjelland, A04-709,
SUPREME COURT OF MINNESOTA, February 2, 2006, Filed
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Overview: The 2000 amendments to the Minnesota Workers' Compensation Act, specifically Minn. Stat. § 176.061 (2004), did not change the fundamental structure of third-party actions under the Act and an employer's insurer's claim for reimbursement, therefore, remained subrogated to the employee's survivor's claim for tort damages.
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| Johnson v. Laraway Roofing, A05-2057,
SUPREME COURT OF MINNESOTA, February 6, 2006, Decided
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