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| Johnson v. Johnson, A06-1669,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Trial court did not abuse its discretion in awarding sole custody of the children to the father as few of the best-interests factors under Minn. Stat. § 518.17, subd. 1(a) weighed strongly in favor of either party, and the trial court was most influenced by concerns over stability and the mother's living situation with her boyfriend.
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| Kelley v. Jerde, A06-898,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: In a driver's negligence suit for injuries sustained when a city-owned snowplow hit her, trial court erred in denying summary judgment in favor of the city and its snowplow operator as employee's decision whether to proceed through an intersection without stopping involved sufficient discretion to fall within the protection of official immunity.
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| Lumbar v. Welsh, A06-1232,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Order granting a temporary injunction restraining the cancellation of the contract for deed was reversed and remanded because the district court lacked authority to grant a temporary injunction before the filing of the complaint under Minn. Stat. § 559.211, Minn. R. Civ. P. 65.02, and caselaw.
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| Narveson v. Narveson, A06-1800,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: District court did not abuse its discretion by awarding the wife sole physical custody of the children because the district court used the best-interests factors in Minn. Stat. § 518.17, subd. 1(a) and 2 (2006) and made detailed findings for each, and did not abuse its discretion by independently evaluating the factors and the evidence.
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| Naughton v. Naughton, A06-1399,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Judgment giving the wife a marital interest in the parties' homestead was remanded because the district court made the determination that an unfair hardship existed, but the determination was not supported by sufficient findings, as the statutorily prescribed factors under Minn. Stat. § 518.58, subd. 2 were not discussed.
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| State ex rel. Melin v. Fabian, A07-355,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Decision of the Minnesota Commissioner of Correction, assigning the petitioner's conditional release expiration date as his projected release date was affirmed because the evidence was sufficient to support the determination that the petitioner was a risk to public safety unless he completed sex-offender treatment.
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| State v. Caradine, A06-337,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Second-degree controlled substance crime was affirmed because the officers' testimony that they were familiar with defendant helped establish the fact that defendant was the person who committed the acts under Minn. R. Evid. 404(b), and was not directed toward proving that defendant had committed other crimes.
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| State v. Cregg, A06-1158,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Search-warrant application supported probable cause existing five days after the warrant was issued under Minn. Stat. § 626.15 because the affidavit showed that defendant was in an ongoing business of selling drugs from his residence, and therefore, it was reasonable to conclude that probable cause continued to exist when the warrant was executed.
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| State v. Eaton, A06-263,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of theft of motor vehicle, Minn. Stat. § 609.52, subd. 2(17), as (1) his statement to police that he obtained use of vehicle without compensation and without arrangements to return it was not rational; and (2) he knew or should have known that vehicle was stolen since it was originally traded for crack.
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| State v. Krieger, A06-565,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Defendant's conviction for fifth-degree controlled substance crime was affirmed. Police officers had reasonable suspicion that they would find contraband in defendant's vehicle at an accident scene when defendant's passenger, who was under an order prohibiting contact with defendant, returned to the scene in a vehicle containing drugs and a weapon.
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