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| In re Q.F.C., A06-345,
SUPREME COURT OF MINNESOTA, March 1, 2007, Filed
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Overview: Lawyer received a public reprimand and two years probation, because the lawyer failed to comply with the terms of a stipulated probation agreement, failed to properly maintain client trust account books and records, and failed to cooperate with an investigation by the Minnesota Office of Lawyers Professional Responsibility.
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| In re Charges of Unprofessional Conduct in Panel Case No. 23236, A06-1400,
SUPREME COURT OF MINNESOTA, March 8, 2007, Filed
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Overview: Because the client was led to believe that it was retaining the services of a lawyer - as opposed to a restricted lawyer not authorized to practice law - the attorney in charge of the restricted attorney violated Minn. R. Prof. Conduct 1.4(b) when she failed to disclose that the restricted lawyer was not authorized to practice law.
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| Reider v. Anoka-Hennepin Sch. Dist. No. 11, A06-1344,
SUPREME COURT OF MINNESOTA, March 8, 2007, Filed
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Overview: The denial of a school district's request for the appointment of a neutral physician was reversed and remanded because the school district made its request within the time deadline set forth in Minn. Stat. § 176.155, subd. 2 (2006), and therefore a workers' compensation judge had no discretion to deny the request.
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| State v. Wembley, A05-245,
SUPREME COURT OF MINNESOTA, March 8, 2007, Filed
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Overview: Defendant's conviction for first-degree criminal sexual conduct in violation of Minn. Stat. § 609.342, subd. 1(a) was appropriate because defendant waived any right to challenge the procedure for replaying the victim's videotape since defendant consented to, and actively encouraged, the district court to permit the jury to view the tape again.
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| Thorson v. Zollinger Dental, P.A., A06-935,
COURT OF APPEALS OF MINNESOTA, March 13, 2007, Filed
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Overview: Striking improper-service affirmative defense under Minn. R. Civ. P. 33 was not abuse of discretion because employer knew/should have known basis for defense before serving interrogatory answers and failed in ongoing duty under Minn. R. Civ. P. 26.05 to disclose basis for defense in supplementary answers until after statute of limitations expired.
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| Hans Hagen Homes, Inc. v. City of Minnetrista, A05-1686,
SUPREME COURT OF MINNESOTA, March 15, 2007, Filed
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Overview: City's failure to provide a property developer a written statement of the reasons for the city's denial of the developer's application for rezoning and amendment to the comprehensive plan did not trigger the automatic approval penalty of Minn. Stat. § 15.99, subd. 2(a) as that subdivision only applied to the failure to timely deny the application.
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| In re Rate Appeal of Benedictine Health Ctr., A05-873,
SUPREME COURT OF MINNESOTA, March 15, 2007, Filed
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Overview: Summary disposition in favor of the Department of Human Services was error in a nursing facility's challenge to the medical assistance reimbursement rate under Minn. R. 9549.0010-.0080 as the Department's not-to-exceed-claims-paid policy constituted unpromulgated rulemaking as to self-insurance plans administered by an unrelated organization.
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| Jacobson v. 55,900 in United States Currency, A05-60,
SUPREME COURT OF MINNESOTA, March 15, 2007, Filed
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Overview: District court erred when if found that apartment owner failed to rebut the statutory presumption of forfeitability under Minn. Stat. § 609.5314, subd. 1(b) as to cash found in safe in apartment rented by drug dealer because, inter alia, district court found that collectible $ 1,000 bill that was found in safe belonged to apartment owner.
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| State v. Cottew, A06-785,
COURT OF APPEALS OF MINNESOTA, March 20, 2007, Filed
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Overview: Because the district court did not revoke appellant's probation, the district court did not err by imposing intermediate sanctions without making findings regarding the Austin factors; to effectuate the district court's intent the court placed appellant on probation for the duration of the intermediate sanctions ordered by the district court.
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| State v. Turck, A06-846,
COURT OF APPEALS OF MINNESOTA, March 20, 2007, Filed
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Overview: Although Minn. Stat. § 152.152 allowed a district court to stay execution of a sentence for a controlled-substance crime, respondent's sentence could not be stayed because he was a repeat offender convicted of a third-degree controlled-substance crime, and had to be sentenced to an executed prison term of not less than two years.
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