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   State Courts - Minnesota - June 12, 2007

  
Kristufek v. City of Breezy Point, A06-1220, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: District court did not err by concluding that the proceedings before the city council were fair and that the record of the proceedings was clear and complete; Minn. Stat. § 116D.04 did not suggest that a responsible governmental unit had an affirmative obligation to gather evidence relevant to a petition for an Environmental Assessment Worksheet.

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Larson v. City of Minneapolis, A06-1339, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Building owners' were not entitled to a reversal of the city council's decision to demolish their building as the owners failed to show that the lack of notice of a council meeting prejudiced them, and a letter from the City denying the owners' claim was not a quasi-judicial decision and was not, therefore, an appealable order.

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Millsop v. Millsop, A06-2191, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: A mother's motion to modify child custody under Minn. Stat. § 518.18(d) was properly denied because isolated incidents of father's fiancee slapping son's face once, the father not spending time with the son, and the father's lack of communication with the mother did not indicated a significant degree of danger to justify a modification of custody.

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Powell v. State, A06-1314, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Trial court erred by granting the employer summary judgment on employee's claim that he was retaliated against in violation of Minn. Stat. §§ 182.654, subd. 9, 11 (2006), 181.932, subd. 1(a) (2006) because there was adequate evidence to preclude summary judgment on the issue of whether the decision to downgrade employee's position was pretextual.

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State v. Deml, A06-859, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: In a gross-misdemeanor driving while impaired case where defendant was found slumped over the steering wheel of his truck, denial of his motion to suppress was proper as the officer was justified under the emergency exception to the warrant requirement when he reasonably believed that defendant might have needed medical help.

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State v. Halliburton, A06-471, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Because a police officer's testimony established that defendant drove the stolen vehicle, and the owner of the vehicle testified that she did not know or recognize defendant and that she had not given anyone permission to use the vehicle, the evidence was sufficient to support defendant's motor-vehicle theft conviction.

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State v. Johnson, A06-933, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Because the deputy had a particularized and objective basis to believe that defendant was violating a traffic law by exceeding the speed limit, the investigatory stop of defendant's vehicle was proper, and defendant's conviction for driving after cancellation as inimical to public safety was affirmed.

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State v. Johnson, A06-1263, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of first-degree assault under Minn. Stat. § 609.221, subd. 2(a) as defendant fled from officers during a high-speed chase and was told to stay out of the truck, yet he entered the truck, looked at the officer standing 10 feet in front of the truck, and accelerated the truck towards the officer.

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State v. Levine, A06-474, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of criminal vehicular homicide under Minn. Stat. § 609.21 as inferences from his injured passenger's testimony and the accident investigation team were consistent with egregious driving conduct, inattention to the road, and a lack of control of the vehicle.

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State v. Martin, A06-909, COURT OF APPEALS OF MINNESOTA, June 12, 2007, Filed
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Overview: A deputy had reasonable suspicion for a stop under the Fourth Amendment because the information of each informant was based on independent observations that were corroborated; defendant was driving a vehicle described by the informants, and equipment used to manufacture drugs was found in the location described by each informant.

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