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   State Courts - Minnesota - January 30 - February 1, 2007

  
Allete, Inc. v. GEC Eng'g, Inc., A06-881, COURT OF APPEALS OF MINNESOTA, January 30, 2007, Filed
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Overview: Where a director purchased an engine in Missouri after a borrower ceased operations, the lender had no security interest in the engine under Minn. Stat. § 336.9-203(a), because the security agreement only applied to equipment located in Minnesota and a financing statement filed in Missouri did not amend the security agreement.

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In re Welfare of Children of S.W., A06-1175, COURT OF APPEALS OF MINNESOTA, January 30, 2007, Filed
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Overview: District court did not err by finding that appellant mother was palpably unfit to parent her children under Minn. Stat. § 260C.301, where it found, based on evidence including testimony of qualified expert witnesses, that the continued custody of the children by the mother would likely result in serious emotional damage to the children.

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Johnson v. Johnson, A06-977, COURT OF APPEALS OF MINNESOTA, January 30, 2007, Filed
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Overview: Grant of attorney fees for costs incurred defending against a previously dismissed emergency ex parte order for protection was reversed because respondent husband failed to adhere to the mandatory "safe-harbor" provisions of Minn. Stat. § 549.211 (2004) and Minn. R. Civ. P. 11.

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State v. Jordan, A06-1445, COURT OF APPEALS OF MINNESOTA, January 30, 2007, Filed
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Overview: Because execution of a nighttime search warrant was a technical violation of Minn. Stat. § 626.14 (2004) where respondent was not present in his home at the time the search occurred, but was not a constitutional violation, the district court erred in applying the exclusionary rule to suppress the evidence seized during the search.

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State v. Mohs, A06-199, COURT OF APPEALS OF MINNESOTA, January 30, 2007, Filed
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Overview: Where defendant's failure to appear for trial occurred in the presence of the district court judge, the judge validly issued the bench warrant for defendant's arrest without a separate supporting oath or affirmation attesting to what the judge already knew and personally observed.

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Ywswf v. Teleplan Wireless Servs., A06-324, COURT OF APPEALS OF MINNESOTA, January 30, 2007, Filed
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Overview: Denial of unemployment benefits was affirmed because the unemployment law judge's findings were supported by substantial evidence, when the unemployment law judge found that the employee voluntarily quit, as continued employment was available but the employee decided not to accept it.

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In re Collier, A05-1178, SUPREME COURT OF MINNESOTA, February 1, 2007, Filed
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Overview: District court properly granted summary judgment in favor of the bank and the court of appeals erred when it reversed the district court's ruling, because under Minn. Stat. § 508.25, a purchaser of Torrens property who had actual knowledge of a prior, unregistered interest in the property was not a good faith purchaser.

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