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| In re Welfare of Child of W.M.W., A07-134,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Voluntary termination of parental rights was affirmed because the record did not support the mother's argument that she was subject to undue influence, when the mother had not shown that the decision to proceed with the voluntary termination was the product of anyone's will but her own.
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| In re the Welfare of A. R. J., A06-936,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Evidence was sufficient to sustain a juvenile's adjudication for third degree assault under Minn. Stat. § 609.02 because someone turned off the lights in the shower, pushed the victim twice, and left her unconscious; shortly before the assault, the victim heard defendant's voice and a witness saw defendant standing a few feet from the shower.
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| Johnson v. Johnson, A06-1075,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: A finding in favor of the wife in a dissolution action was improper, in part, because the husband reasonably believed that he was bound by a stipulation and thus, he was effectively precluded from presenting evidence of valuation of the personal property. A remand was necessary to give him his day in court.
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| Kohser v. State, A06-1017,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: From a burglary and theft case, denial of the petitioner's request for postconviction relief was proper as his claims of ineffective assistance of counsel were barred by the Knaffla rule where the claims had already been twice considered by the appellate court, and the petitioner brought forth no new evidence to support these claims.
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| Kong v. State, A06-1148,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Denial of postconviction relief was affirmed because the upward departure was justified, when the petitioner fired multiple shots in a public place and put people at risk or in fear for their safety, and the victim was particularly vulnerable, as the petitioner fired multiple shots at the victim after he had fallen, wounded from the first gunshot.
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| Silver v. Ridgeway, A06-1600,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Where a county board granted a neighbor's application to establish a cartway over a property owner's land pursuant to Minn. Stat. § 164.08, reversal of the board's decision was inappropriate because the board lacked the authority to establish an alternate route over state land; the statute was only a general grant of eminent-domain authority.
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| State v. Ferguson, A06-579,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Conviction of ineligible person in possession of a firearm under Minn. Stat. § 624.713, subd. 1, was affirmed because the district court did not abuse its discretion by concluding that defendant was an ineligible person, when defendant was adjudicated delinquent for a second-degree controlled-substance crime.
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| State v. Green, A06-218,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: In a first-degree criminal sexual conduct case, sexually explicit images of children found in defendant's home were properly admitted under Minn. R. Evid. 404(b) because defendant did not deny that he touched the victim, but he denied that he touched her with sexual intent; therefore, the images were relevant to defendant's intent.
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| State v. Hutchinson, A07-137, A07-138, A07-178, A07-407,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Dismissal of charges of third-degree controlled-substance crime, sale or aiding and abetting the sale of cocaine in violation of Minn. Stat. § 152.023, subd. 1(1) on equal protection grounds was improper when the third-degree offense was more specific than the fourth degree offense, and the charges were not unconstitutional as applied.
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| State v. Jones, A06-1719,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: In a third-degree criminal sexual conduct case, the trial court did not err in its 24-month upward sentencing departure as defendant's actions in sexually assaulting this physically helpless victim and failing to seek medical help for her as she neared death after the assault warranted a more severe sentence under Minn. Stat. § 609.344, subd. 1(d).
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