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   State Courts - Minnesota - May 9 - May 11, 2006

  
In re T.L.S., A05-861, COURT OF APPEALS OF MINNESOTA, May 9, 2006, Filed
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Overview: In a challenge to district court's refusal to grant motion to suppress requested by appellant, a juvenile, district court did not err because police had probable cause to arrest appellant for disorderly conduct, in violation of Minn. Stat. § 609.72, subd. 1(3), even though her conduct of swearing at officer could not support conviction.

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Morales v. Dep't of Empl. & Econ. Dev., A05-1907, COURT OF APPEALS OF MINNESOTA, May 9, 2006, Filed
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Overview: In an employee's appeal of decision of an unemployment law judge (ULJ) not to backdate employee's account, ULJ erred because employee had relied on misinformation of Department of Employment and Economic Development employee and he did attempt to file claim at earlier date, under Minn. Stat. § 268.07, subd. 3b(a).

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State v. Maley, A05-782, A05-883, COURT OF APPEALS OF MINNESOTA, May 9, 2006, Filed
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Overview: In imposing a prison sentence after defendant entered a guilty plea to a controlled substance violation, the trial court abused its discretion in including two out-of-state convictions in defendant's criminal history score when the State failed to meet its burden to show a factual basis for the convictions.

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Stuedemann v. Roman Nose, A05-1524, COURT OF APPEALS OF MINNESOTA, May 9, 2006, Filed
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Overview: Trial court did not err in dismissing the parents' wrongful-death negligence claims because the foster home, its owners, and the home's psychologist satisfied any duty they might have had to control the foster home resident who stabbed the parents' daughter and their allegedly negligent conduct was not the proximate cause of the daughter's death.

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Busch v. Comm'r of Revenue, A05-656, SUPREME COURT OF MINNESOTA, May 11, 2006, Filed
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Overview: Taxpayer's slot machine gambling did constitute a trade or business for the purpose of computing her Minnesota tax liability, because she engaged in slot machine gambling 40-60 hours per week, kept scrupulous records, and had no occupation other than her claimed gambling occupation during the relevant tax years.

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Citizens Advocating Responsible Dev. v. Kandiyohi County Bd. of Comm'rs, A04-886, A04-890, SUPREME COURT OF MINNESOTA, May 11, 2006, Filed
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Overview: Where county did not appropriately consider the cumulative potential effects of related projects as required by Minn. R. 4410.1700, subp. 7(B) when it granted conditional use permit to company for gravel pits, the use of the company's blanket assertions and environmental assessment worksheet in making its determination was in error.

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Mckenzie v. State, A05-1526, SUPREME COURT OF MINNESOTA, May 11, 2006, Filed
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Overview: Inmate's life imprisonment sentence was mandatory under Minn. Stat. § 609.185, and as such, sentence did not exceed the maximum authorized by the facts established by a jury and did not violate Blakely. Challenge to wage withholding policy under Minn. Stat. § 243.23 was not related to sentence for first-degree murder and was not properly raised.

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