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   State Courts - Minnesota - June 26, 2007

  
Kawlewski v. Arvig, A06-1255, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Child-support magistrate erred in making a finding of unjustifiable self-limitation to support his imputation of rental income under Minn. Stat. § 518.551 as the father's second house was not rental property and was not income-generating, and the father's decision to not rent his second house was not an unjustifiable self-limitation of his income.

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Kortas v. Advanced Commun. Design, Inc., A06-1055, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Where relator told his supervisor that he was leaving the company, voluntarily gave her his office key, packed up his personal belongings, and left, the ULJ's finding that relator voluntarily quit his employment was supported by substantial evidence. He was disqualified from receiving unemployment benefits under Minn. Stat. § 268.095, subd. 1(1).

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Peterson v. Donahue, A06-1824, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: A grant of summary judgment in favor of a skier in another skier's action after the two collided was proper because primary assumption of the risk was applicable to actions between skiers who knew and appreciated the risk of collision.

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Peterson v. Johnson, A06-1830, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: In a home buyer's suit against the builder on a home-warranty claim, because the buyer retained ownership rights during the foreclosure-redemption period, she maintained her vendee status under Minn. Stat. § 327A.01, subd. 6 and thus retained standing to pursue her home-warranty claim, regardless of the foreclosure sale.

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Schipper v. Dahl Trucking, Inc., A06-666, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: District court's determination that exculpatory clause in a contract was enforceable was affirmed as (1) clause was not ambiguous and necessarily included a negligence claim against carrier because as long as claim arose from performance of contractor or contract, contractor waived that claim, and (2) clause was not void on public-policy grounds.

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State v. Boyd, A06-543, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Where defendant entered guilty pleas to felony murder and assault, the plea petition explained that she would receive consecutive sentences and the record showed no deficiency in her counsel's representation. The trial court acted well within its discretion in denying defendant's motion to withdraw her guilty pleas under Minn. R. Crim. P. 15.05.

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State v. D.E.A., A06-2426, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: In a mother's paternity action where genetic testing showed 99.99 percent probability of the alleged father's paternity, adjudication of the mother's ex-husband as the legal father under Minn. Stat. § 257.62 was proper as he raised the child as his own and wanted to continue doing so, and the alleged father had no relationship with the child.

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State v. Daniels, A06-664, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Evidence was sufficient to sustain a second-degree assault conviction under Minn. Stat. § 609.222 because the victim testified that defendant pointed a gun directly at her through a window, she told officers that she was "very afraid" defendant would shoot, and defendant demonstrated a tendency to act violently earlier by breaking some car windows.

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State v. Gibson-Webb, A06-29, A06-392, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Sufficient factual basis for defendant's standard guilty plea to wrongfully obtaining public assistance in violation of Minn. Stat. § 256.98 was lacking because defense counsel had asked mostly leading questions, and defendant had never admitted the intent element of the crime.

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State v. Jacobson, A06-1919, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Sex offender's downward dispositional departure sentence felony failure to register as a sex offender conviction under Minn. Stat. § 243.166, subd. 3(b) were reversed because the judge impermissibly injected herself into the plea negotiations, and the State did not participate in that part of the negotiation.

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