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   State Courts - Minnesota - May 22, 2007

  
Beardsley v. Garcia, A06-922, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: A district court that issued a child's mother an order for protection under Minn. Stat. § 518B.01 against the child's acknowledged father did not abuse its discretion in awarding the father parenting time under restricted conditions because there was no indication that the father's request was made solely to harass or gain access to the mother.

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Beaulieu v. State, A06-740, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: Denial of the petitioner's motion for postconviction relief was affirmed because the petitioner's claims were procedurally barred when the legal basis for the petitioner's jurisdictional arguments were established and knowable prior to his first appeal.

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County of Nicollet v. Pollock, A06-875, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: District court order reimposing child support on father whose payment obligation was suspended when he was incarcerated was affirmed because district court's determination of income was finding of fact that was not properly altered on appeal unless it was clearly erroneous, which it was not, and because support was properly calculated and withheld.

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Divens v. Comm'r of Human Servs., A06-1353, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: Res judicata barred review of disqualification decision because issue had been resolved by appeals referee and district court, which found by preponderance of evidence that day care provider committed crime listed in Minn. Stat. 245C.15. Decision was not appealed and became final under Minn. Stat. § 245C.29, subd. 2(a)(2)(i) barring further review.

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Huisman v. Total Card, Inc., A06-1002, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: Where relator claimant gave a two-week resignation notice on January 10, but was discharged two days later, the unemployment law judge properly concluded that the claimant was entitled to unemployment benefits when she was discharged on January 12, but that the discharge converted to a quit on the claimant's intended resignation date.

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In re Civ. Commitment Of: Black, A06-2262, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: Trial court properly civilly committed a patient as a sexually dangerous person under Minn. Stat. § 253B.18 as the evidence sufficiently supported the conclusion that he had engaged in a course of harmful sexual conduct, had manifested a sexual or mental disorder or dysfunction, and was likely to engage in acts of harmful sexual conduct.

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In re Civ. Commitment of Schuebel, A06-2212, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: Court properly committed a patient as mentally ill and dangerous, Minn. Stat. § 253B.18, subd. 1, because the fact that previous courts did not find earlier assaults sufficiently severe to warrant commitment did not mean that the district court in the instant proceeding could not find the more recent assaults sufficiently severe.

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In re Revocable Trust of Margolis, A06-1018, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: A remand of a trustee's accounting was warranted where the district court erred in its interpretation and application of Minn. Stat. § 501B.14 (2006) and did not adequately consider a co-beneficiary's breach of fiduciary duty and replacement trustee claims. However, it did not clearly err in finding that a CD was not trust property.

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In re Welfare of Child of H.N.B. & A.B, A06-2151, A06-2230, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: The termination of parents' parental rights to their child was proper because the death of the child during the proceedings was not a "surprise" and was not "newly discovered" evidence under Minn. R. Civ. P. 60.02.

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In re Welfare of Child of T.D., A06-2109, COURT OF APPEALS OF MINNESOTA, May 22, 2007, Filed
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Overview: The termination of a mother's parental rights to her fifth child was proper because the county established a statutory ground for termination under Minn. Stat. § 260C.301, subd. 1(b)(4), which was palpable unfitness by the mother.

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