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| Elmasry v. Verdin, A06-655,
COURT OF APPEALS OF MINNESOTA, February 6, 2007, Filed
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Overview: Where appellant and respondent shared common living areas of a duplex (respondent paid rent on a month to month basis), they were "residing together" under Minn. Stat. § 518B.01, subd. 2(b)(4), and the district court erred in concluding that the matter was a landlord-tenant dispute falling outside the Domestic Abuse Act, Minn. Stat. § 518B.01.
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| In re Block, A06-387, A06-518,
COURT OF APPEALS OF MINNESOTA, February 6, 2007, Filed
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Overview: Morrison County Board of Commissioners' decision granting a dog breeder a conditional use permit was reversed because in requiring that all dogs kept outside be surgically debarked, the board did not consider Minnesota policy and statutes concerning cruel and inhumane treatment towards animals.
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| Longbehn v. Schoenrock, A06-1021,
COURT OF APPEALS OF MINNESOTA, February 6, 2007, Filed
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Overview: Although a false statement referring to appellant as a pedophile was defamatory per se because it imputed serious sexual misconduct, presumed damages were limited to those that the defamatory publication at issue would have tended to normally produce; thus, the action was remanded for a new trial on damages.
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| Minn. Teamsters Pub. & Law Enforcement Emples. Union, Local 320 v. County of St. Louis, A06-841,
COURT OF APPEALS OF MINNESOTA, February 6, 2007, Filed
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Overview: A grant of summary judgment in favor of a public employer in a union's action claiming that the employer failed to provide health insurance consistent with negotiations was proper because the parties executed a collective bargaining agreement that did not include the health insurance benefits that the union claimed were negotiated.
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| State v. Boehl, A06-1643,
COURT OF APPEALS OF MINNESOTA, February 6, 2007, Filed
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Overview: Even though former Minn. Stat. § 609.1352, subd. 1, allowed only judicial factfinding in violation of Sixth Amendment for adjustments to sentences for patterned sex offenders, where legislature remained silent, impaneling resentencing jury under Minn. Stat. § 244.10 fell within judiciary's unique functions while safeguarding Sixth Amendment rights.
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| State v. Garibaldi, A06-116,
COURT OF APPEALS OF MINNESOTA, February 6, 2007, Filed
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Overview: New trial was required because record did not support determination that defendant's waiver of counsel in bench trial on stipulated facts was knowing, voluntary, and intelligent, as required under Minn. R. Crim. P. 5.02, Sixth Amendment, and Minn. Const. art. I, § 6, in that there was no adequate on-the-record examination on the waiver of right.
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| State v. Cannady, A05-811,
SUPREME COURT OF MINNESOTA, February 8, 2007, Filed
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Overview: Although Minn. Stat. § 617.247, subd. 8, unconstitutionally shifted burden of production on the age element of the crime of child pornography to a criminal defendant, defendant was not prejudiced by the existence of § 617.247, subd. 8, because trial court required the State to prove that photographic images found on his computer depicted minors.
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| Bjerke v. Johnson, A06-117,
COURT OF APPEALS OF MINNESOTA, February 13, 2007, Filed
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Overview: A grant of summary judgment in favor of defendant's girlfriend in a teenager's negligence claim after she was abused by defendant was improper because the teenager and the girlfriend had a special relationship and genuine issues of material fact remained as to whether defendant's sexual abuse was foreseeable.
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| In re Civil Commitment of Giem, A06-1588,
COURT OF APPEALS OF MINNESOTA, February 13, 2007, Filed
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Overview: District court did not abuse its discretion in denying a proposed patient's motion to dismiss a county's petition to commit him as a sexually dangerous person; the time restrictions in Minn. Stat. § 253B.08, subd. 1 did not define subject matter jurisdiction and were subject to waiver. Record showed that the patient waived expedited trial schedule.
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