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| State v. Kelley, A06-408,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: In a defendant's challenge to his felony assault-in-the-fourth-degree conviction under Minn. Stat. § 609.2231, subd. 1, the appellate court determined from the evolution of the statutory language that the conduct of spitting at a police officer was by itself a felony offense and did not require an additional, independent physical assault.
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| State v. Morin, A06-602, A06-604, A06-605, A06-606,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: While defendant ran away from police when they arrived at a party, the evidence was insufficient to convict her of obstruction of legal process under Minn. Stat. § 609.50, subd. 1(2) as she did not direct any physical activity at the responding officers that could have obstructed their investigation and did not say anything to them.
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| State v. Rice, A06-554,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of first-degree assault under Minn. Stat. § 609.221, 609.05 as his active participation and knowing role in the assault and his failure to take steps to thwart its completion established the elements necessary for aiding and abetting an assault that inflicted great bodily harm.
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| State v. Scheer, A06-968,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Evidence was sufficient to sustain a drug possession conviction under Minn. Stat. § 152.021 because it was undisputed that the apartment belonged exclusively to defendant, and police found a large amount of cocaine together with a scale in a cooler, a distribution sheet in the kitchen, and other paraphernalia near defendant in the living room.
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| State v. Schwich, A06-783,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Evidence was sufficient to sustain a conviction for third-degree murder under Minn. Stat. § 609.195 because defendant and the accomplice injected methamphetamine, a witness testified that defendant told her that the accomplice injected the victim with methamphetamine, and the victim had a lethal level of methamphetamine in her system.
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| State v. Sevilla, A06-833,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Where information from a concerned citizen (CC) led to the discovery of more than 25 grams of cocaine in defendant's home, the district court did not err in denying his motion for an in camera inquiry of the CC. The CC's information was checked and found to be reliable. Defendant did not challenge the veracity of the search warrant.
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| State v. Snyder, A06-504,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Defendant's conviction for theft of a motor vehicle was proper under U.S. Const. amend. VI and Minn. Const. art. I, § 6 because the four Barker factors did not weigh sufficiently in his favor. His failure to assert the speedy-trial demand earlier disfavored defendant and the prejudice elements weighed against the claimed violation.
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| Superior Constr. Servs. v. Moore, A06-1491,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Summary judgment in favor of a bank was proper in contractors' negligence claim for wrongful disbursement of funds arising from the bank's issuance of a check to a homeowner from the homeowner's insurer to pay for repair work as the bank did not undertake to render services for the contractors, and it owed no duty to the contractors.
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| Uckun v. Minn. State Bd. of Med. Practice, A06-1365,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Dismissal of a doctor's claims challenging procedures followed by the Minnesota Board of Medical Practice in temporarily suspending his medical license under Minn. Stat. § 147.091 was proper as the Board did not violate the doctor's due process rights when it properly applied the preponderance of the evidence standard of proof.
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| United Sugars Corp. v. St. Paul Fire & Marine Ins. Co., A06-1933,
COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: In a sugar producer's breach of contract action against its insurer for property-damage coverage for claimed property damage to a customer's food product, denial of summary judgment was proper as questions existed as to whether bee parts and cigarette butts in sugar the customer used contaminated the sugar.
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