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| Hans Hagen Homes, Inc. v. City of Minnetrista, A05-1686,
COURT OF APPEALS OF MINNESOTA, May 16, 2006, Filed
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Overview: Because a city failed to provide a developer with a written statement of the reasons for denying its rezoning application within the agreed-on extension of the 60-day deadline in Minn. Stat. § 15.99, subd. 2 (2004), the district court did not err by determining that the application was thereby approved as a matter of law.
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| In re Welfare of D. D. R., A05-658, A05-752,
COURT OF APPEALS OF MINNESOTA, May 16, 2006, Filed
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Overview: Coupled with the failure to give a curative instruction on the improper comment that defendant was not to be presumed innocent, an instruction that the victim's statement need not be corroborated, and the lack of physical evidence to show that defendant penetrated the victim, created a cumulative effect of errors that denied defendant a fair trial.
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| May v. May, A05-1157,
COURT OF APPEALS OF MINNESOTA, May 16, 2006, Filed
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Overview: Because a former spouse's death after the entry of the dissolution judgment, but before the issuance of a qualified domestic relations order, did not preclude the entry of a qualified domestic relations order, order requiring an ex-wife to cooperate in the drafting of a QDRO to benefit her deceased ex-husband's estate was affirmed.
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| State v. Hobbs, A05-248,
COURT OF APPEALS OF MINNESOTA, May 16, 2006, Filed
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Overview: In trial for burglary, submission to jury of issue of dangerousness under Minn. Stat. § 609.1095, subd. 2 was error because, although it was an attempt to avoid constitutional infirmities under the Sixth Amendment, it was not authorized by the statute's language that was in effect when offense was committed.
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| State v. Philip Morris USA, Inc., A05-2540,
SUPREME COURT OF MINNESOTA, May 16, 2006, Filed
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Overview: A Health Impact Fee imposed on cigarettes sold in Minnesota under Minn. Stat. § 256.9658 (Supp. 2005) did not violate the terms of a settlement agreement because, under the unmistakability doctrine, the terms of such did not relinquish the State's sovereign authority to impose an exaction on tobacco products in order to recover health care costs.
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| State v. Gail, A05-329,
SUPREME COURT OF MINNESOTA, May 18, 2006, Filed
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Overview: Search warrant based on probable cause, including positive identification, did not violate U.S. Const. amend. IV or Minn. Const. art. I, § 10. Eyewitness testimony, description of shooter, and medical examiner's testimony was sufficient for conviction of first-degree murder while committing or attempting to commit unlawful sale of cocaine.
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| State v. Harris, A04-1923,
SUPREME COURT OF MINNESOTA, May 18, 2006, Filed
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Overview: Defendant's conviction of first-degree felony murder, Minn. Stat. § 609.185(3) (2000), and attempted first-degree felony murder, Minn. Stat. §§ 609.185(3); 609.17, subd. 1 (2004), was affirmed because there was no proven evidentiary error and failure to give a lesser-included offense instruction on second-degree felony murder was not prejudicial.
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| Amundson v. State, A05-1245,
COURT OF APPEALS OF MINNESOTA, May 23, 2006, Filed
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Overview: An inmate was properly denied postconviction relief. The judge who heard his case was properly appointed because he was a "retired judge," eligible for such appointment within Minn. Const. art. VI, § 10, since he had terminated his active service and qualified for a retirement annuity as a district court judge after more than five years of service.
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| State v. J.R.A., A05-967, A05-968,
COURT OF APPEALS OF MINNESOTA, May 24, 2006, Filed
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Overview: Trial court did not err by exercising its inherent authority to expunge judicial records in 2 cases in which the petitioner pled guilty where evidence showed he had been rehabilitated; and criminal records were properly expunged pursuant to Minn. Stat. § 609A.02 in 2 cases that were dismissed because they were resolved in the petitioner's favor.
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