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   State Courts - Minnesota - March 22 - March 29, 2007

  
Custom Ag Serv. of Montevideo, Inc. v. Comm'r of Revenue, A06-1645, SUPREME COURT OF MINNESOTA, March 22, 2007, Filed
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Overview: In a taxpayer's challenge to its tax assessment on grain bins it purchased to serve as components in grain drying systems, the taxpayer was liable for the use tax as the taxpayer's sale of the grain bins as components of grain drying systems did not transform the bins into tax-exempt grain dryers or other tax-exempt farm machinery under ch. 297A.

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In re Jellinger, A05-2091, SUPREME COURT OF MINNESOTA, March 22, 2007, Filed
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Overview: Because the lawyer completed the required two-year period of suspension; continued treatment for his depression, paid the necessary costs, successfully completed the professional responsibility exam, and satisfied his CLE requirements, he was reinstated to the practice of law, subject to certain probationary conditions four years.

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State v. Jones, A05-365, SUPREME COURT OF MINNESOTA, March 22, 2007, Filed
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Overview: Trial court erred in dismissing the State's complaint against defendant, an Indian, for failing to register his current address with the appropriate authorities as required by former Minn. Stat. § 243.166 as the statute was a criminal/prohibitory offense; therefore, the State had subject matter jurisdiction.

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Bukkuri v. Dep't of Empl. & Econ. Dev., A06-706, COURT OF APPEALS OF MINNESOTA, March 27, 2007, Filed
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Overview: Unemployment law judge properly denied an employee's request that his benefit account be backdated to the date he became unemployed because, under Minn. Stat. § 268.07, subd. 3b(a), the employee's application for unemployment benefits could only be backdated one calendar week prior to the Sunday of the week the application was filed.

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State v. Ferguson, A05-1729, COURT OF APPEALS OF MINNESOTA, March 27, 2007, Filed
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Overview: Although expert testimony, Minn. R. Evid. 702, regarding "mandatory gang retaliation" was improperly admitted in defendant's murder case because it tended to dissuade the jury from exercising independent judgment, the error was harmless because there was testimony that defendant was standing outside the window when the shots were fired.

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State v. Wiltgen, A06-152, SUPREME COURT OF MINNESOTA, March 28, 2007, Decided , March 28, 2007, Filed
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Mahoney & Hagberg v. Newgard, A05-1523, SUPREME COURT OF MINNESOTA, March 29, 2007, Filed
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Overview: A law firm's claims against a former secretary for, inter alia, breach of confidences, arising from her affidavit executed in a third party's suit against it, and pertaining to an attorney's alleged improper conduct, were properly dismissed because the statements were absolutely privileged given that they were relevant and sounded in defamation.

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Roemhildt v. Gresser Cos., A06-1721, A06-1793, SUPREME COURT OF MINNESOTA, March 29, 2007, Filed
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Overview: In worker's compensation matter, statute of limitations defense under Minn. Stat. § 176.151 was not available to employer because voluntary payment of benefits constituted proceeding that satisfied limitations period, and later denial of liability did not restart running of period. Also, non-settling employer was liable for contribution.

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