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   State Courts - Minnesota - May 29, 2007

  
Brodsky v. Brodsky, A06-736, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Where a wife attempted to enforce a dissolution judgment when a husband filed bankruptcy, an attorney fee award for the wife was proper under Minn. Stat. § 518.14, subd. 1 because, inter alia, the ancillary proceedings were sufficiently related to the dissolution proceeding and she sought to protect interests awarded to her.

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Hott v. State, A06-1280, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Where defendant pleaded guilt to theft of a motor vehicle and later challenged the evidence as to his intent to permanently deprive the owner of the vehicle, denial of his motion for sentence correction was proper as Minn. R. Crim. P. 27.03 only contemplated correction of unauthorized sentences, not the validity of the underlying conviction.

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In re Civ. Commitment of Green, A06-2272, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: District court properly approved civil commitment of offender as sexually dangerous person and sexual psychopathic personality the Minnesota Commitment Treatment Act for indeterminate period because record, including expert testimony and evidence of offender's criminal history, showed that he met criteria for civil commitment under both provisions.

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In re Civ. Commitment of Hilton, A06-2261, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: District court properly approved civil commitment of offender as sexually dangerous person and sexual psychopathic personality under Minnesota Commitment Treatment Act for indeterminate period because record, including expert testimony and evidence of offender's criminal history, showed that he met criteria for commitment under both provisions.

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In re Grand Rapids PUC, A05-2550, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Where a city extended its service area to include areas located within the assigned service area of a utility under Minn. Stat. § 216B.44, the Minnesota Public Utilities Commission did not err in calculating compensation for the utility's loss of revenue because, inter alia, the city was properly required to compensate for future customers.

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In re Guardianship of Rassier, A06-1420, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Appointment of a permanent guardian for the parents' two adopted developmentally disabled adult daughters was proper as the trial court had jurisdiction over the matter after an out-of-state court suspended the guardianships and later transferred jurisdiction to Minnesota, and properly considered the priorities set out in Minn. Stat. § 524.5-309.

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In re Restoration Order Issued to Breese, A06-1239, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Restoration order issued by the Commissioner of the Minnesota Department of Natural Resources, requiring the owner to remove riprap that he had installed in 1992 from his lakeshore was reversed, because the Commissioner's order was arbitrary and capricious and not supported by substantial evidence in the record.

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In re Welfare of A.C.H., A06-2365, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Because evidence failed to support district court's finding under Minn. Stat. § 206B.125, subd. 4, that retaining a juvenile in the juvenile system as an extended jurisdiction juvenile did not serve the public safety, order certifying the juvenile for trial as an adult on charges of first-degree criminal sexual conduct and kidnapping was reversed.

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In re Welfare of D.C., A06-2197, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Denial of jail credit for time spent at a development training center was affirmed because the secure unit at the training center was not the functional equivalent of a jail, workhouse, or other correctional facilities.

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Jensen v. Fhima, A06-1409, COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Judgment debtor's motion to stay the docketing of a foreign judgment was properly denied because, although Minn. Stat. § 548.29, subd. 2, did not require the personal affidavit of the debtor and posting of a bond upon filing, the statute of limitations period had not expired on the creditor's renewed judgment since she renewed the judgment.

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