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| Jihad v. State, A05-2145,
SUPREME COURT OF MINNESOTA, May 25, 2006, Filed
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Overview: Following petitioner's convictions for murder and attempted murder, district court properly denied relief, under Minn. Stat. § 590.04, subd. 1, because petitioner's claims of ineffective assistance of counsel and cumulative errors should have been raised earlier, and if his right to confrontation was violated, any error was harmless.
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| State v. Vance, A05-15,
SUPREME COURT OF MINNESOTA, May 25, 2006, Filed
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Overview: Defendant's convictions for first-degree premeditated murder, first-degree felony murder during an aggravated robbery, and second-degree intentional murder were appropriate because the "threat" evidence made against witnesses was relevant and the probative value was not outweighed by its potential for unfair prejudice.
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| Kennedy v. Am. Paper Recycling Corp., A05-2142,
COURT OF APPEALS OF MINNESOTA, May 30, 2006, Filed
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Overview: Appellate court affirmed the dismissal of an employee's appeal from an unemployment law judge's decision disqualifying him from unemployment compensation benefits as the appeal was not timely as it was filed 31 days after the judge's decision in violation of Minn. Stat. § 268.101, subd. 2.
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| Lam v. City of St. Paul, A05-1706,
COURT OF APPEALS OF MINNESOTA, May 30, 2006, Filed
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Overview: City council erred in denying landowners' request for licenses for auto repair and used car sales businesses because use of land as sales business with auto repair as an accessory use was permitted by conditional-use permit and became a nonconforming use after a rezoning decision even though sales had ceased, and lawful use continued until removed.
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| State v. Lushenko, A05-819,
COURT OF APPEALS OF MINNESOTA, May 30, 2006, Filed
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Overview: Even though show-up identification was suggestive, it was reliable because, inter alia, the victim had an adequate opportunity to view defendant in part because they engaged in a conversation and the victim's degree of attention was heightened by the fact that he arrived home to find a strange vehicle parked but still running in his driveway.
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| Gerber v. Gerber, A04-1538,
SUPREME COURT OF MINNESOTA, June 1, 2006, Filed
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Overview: Father's motion to prevent appellant county from continuing to withhold from his income to collect on a judgment for child support arrearages was denied because such administrative income withholding was not an "action" within the meaning of Minn. Stat. § 541.04 (2004) and, thus, was not subject to its 10-year limitation period.
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| State v. Jackson, A05-66,
SUPREME COURT OF MINNESOTA, June 1, 2006, Filed
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Overview: In a murder case, a court properly allowed the State's expert, Minn. R. Evid. 702, to testify regarding gang culture and defendant's gang membership because it assisted the jury in deciding whether the commission of crimes was a primary activity of the gang, and it was necessary to establish that the murder was "for the benefit of a gang."
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