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| State v. O.L.I.S., A06-1259,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Expungement order was reversed to the extent that it expunged records of executive-branch agencies because the district court's inherent authority to expunge criminal records did not extend to executive-branch records in the instant case, when there was no evidence in the record of an abuse of discretion by executive agents.
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| State v. Six, A06-1039,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Defendant properly received consecutive sentences because overlapping elements established commission of separate and distinct acts of attempted confinement. Confinement supporting kidnapping conviction, Minn. Stat. §§ 609.17, .25, was not force and coercion supporting criminal sexual conduct conviction, Minn. Stat. §§ 609.17, .343, subd. 1(c).
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| State v. Thole, A06-973,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Probable cause to arrest defendant existed prior to second search as (1) officer detected smell of drugs coming from inside vehicle; and (2) officer had personal knowledge of his past narcotics violations. Thus, second search of defendant and vehicle were valid searches incident to lawful arrest under Fourth Amendment and Minn. Const. art. I, § 10.
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| State v. Waldron, A06-1267,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Police had reasonable suspicion to stop defendant for DWI under Minn. Stat. § 169A.20 because a citizen informant reported that motorcyclists were intoxicated, the stop occurred only blocks from the reported misconduct and moments thereafter, and the stop occurred at a place in the direction that the motorcyclists were reported traveling.
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| State v. Wyrobek, A06-1936,
COURT OF APPEALS OF MINNESOTA, May 29, 2007, Filed
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Overview: Court erred in finding the seven-year-old alleged victim in a sexual abuse case incompetent to testify under Minn. Stat. § 595.02 because the child testified that the prosecutors and her therapist told her to tell the truth when testifying, and the court heard expert testimony on the child's ability to truthfully relate incidents of abuse.
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