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| State v. Jones, A06-35,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Appellant's conviction of possession of a firearm by an ineligible person was reversed and remanded because the district court abused its discretion by admitting evidence that appellant possessed a firearm in February, to establish that appellant knew a gun was in his brother's car in June, or that he intended to possess that gun.
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| State v. Miller, A06-1392,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Restitution order was reversed and remanded for a restitution hearing because an inadequate affidavit could not be the basis for denying a defendant's timely request for a restitution hearing, and the district court erred in requiring appellant to pay restitution to the victims of crimes of which he was not convicted.
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| State v. Opelt, A06-996,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Prosecutor did not engage in prejudicial misconduct during closing argument, because the prosecutor's comments did not personally endorse the State's witnesses, but rather implied that there was no conceivable reason for them to fabricate their testimony because of the nature of their job.
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| State v. Taormina, A06-472,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Defendant's conspiracy to commit first-degree murder conviction was affirmed because there was ample evidence to establish that defendant agreed to pay for the killing of her husband before she protectively removed their son from her intended victim in furtherance of that agreement.
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| State v. Terres, A06-251, A06-1186,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: There was a sufficient factual basis for the restitution award, with the exception of the award for an earth auger, because the items related directly to defendant's criminal conduct and were economic losses sustained solely as a result of defendant's conduct.
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| State v. Wadsworth, A06-1199,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: The district court did not abuse its discretion when it revoked appellant's probation. The record supported the district court's determination that because appellant was a risk to public safety, the need for his confinement outweighed the policies favoring probation.
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| State v. Warmbold, A06-921,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Upward departure sentence imposed under Minn. Stat. § 609.1095, subd. 2, the dangerous-offender statute, was affirmed because the failure to specifically find that defendant was a danger to public safety did not invalidate his sentence under the dangerous-offender statute for his conviction of first-degree criminal sexual conduct.
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| Weber v. Basic Bible Church of Am., A06-1079,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Summary judgment was affirmed because the district court correctly held that the claimant waived his claim of title to real property, when the IRS sale to the buyer was valid, as was the redemption by the widow, and the claimant waived his right to assert title since the organization failed to bring a wrongful-levy action under I.R.C. § 7426.
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| Whitson v. Comm'r of Human Servs., A06-1346,
COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Substantial record evidence supported the employee's disqualified under Minn. Stat. § 245C.14, subd. 1(a), because the employee was convicted of misdemeanor domestic assault, and the Commissioner of the Minnesota Department of Human Services properly weighed the appropriate factors in conjunction with the mitigating circumstances.
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