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   State Courts - Minnesota - August 8, 2006

  
Cargill Inc. v. Jorgenson Farms, A05-2287, COURT OF APPEALS OF MINNESOTA, August 8, 2006, Filed
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Overview: In a breach of contract case, a buyer failed to show that a sales contract was formed under Minn. Stat. § 336.2-204(1) because there was no evidence that a seller accepted an oral or written contract to sell a large quantity of corn; the seller's silence was insufficient to show acceptance based on the course of dealings between the parties.

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Lee v. Fresenius Med. Care, Inc., A05-1887, COURT OF APPEALS OF MINNESOTA, August 8, 2006, Filed
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Overview: District court erred in giving the employee handbook provision legal effect because under Minn. Stat. § 181.13(a), compensation for accrued vacation time actually earned and unpaid at the time the employee was discharged had to be paid in the same manner as other wages and commissions.

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Peterson v. Johnson, A05-1450, COURT OF APPEALS OF MINNESOTA, August 8, 2006, Filed
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Overview: Appellate court affirmed a trial court's determination that Minn. Stat. § 541.03 applied to a document that on its face was an absolute conveyance and declared it to be an equitable mortgage because no evidence existed that it was anything but an equitable mortgage.

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Real Estate Equity Strategies, LLC v. Jones, A05-2083, COURT OF APPEALS OF MINNESOTA, August 8, 2006, Filed
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Overview: In an eviction case, the fact that two owners raised a title question under Minn. Stat. § 504B.121 did not deprive a district court of subject matter jurisdiction to address an eviction proceeding; moreover, the appeal was not moot since the owners vacated the property only to avoid imminent enforcement of an eviction judgment.

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State v. Polsfuss, A05-2108, A05-2563, COURT OF APPEALS OF MINNESOTA, August 8, 2006, Filed
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Overview: DWI convictions were affirmed because defendants had not shown that they were coerced into submitting to the chemical tests and had not shown how their due-process rights had been violated, and the advisory did not mislead defendants into involuntarily consenting to taking a chemical test.

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State v. Ritter, A05-770, COURT OF APPEALS OF MINNESOTA, August 8, 2006, Filed
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Overview: Refusal to allow questioning as to pro-law enforcement bias during voir dire deprived defendant of his right to an impartial jury, because the only witnesses were defendant and four law enforcement personnel, and a limitation on discovery of possible bias toward law enforcement went to a jurors' ability to impartially weigh the evidence.

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State v. Ulmer, A05-1148, COURT OF APPEALS OF MINNESOTA, August 8, 2006, Filed
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Overview: Conviction of interference with privacy in violation of Minn. Stat. § 609.746, subd. 1(c), was affirmed because the seven-year-old victim had an expectation of privacy when using a partitioned urinal in a public restroom, and the space above the partition constituted an aperture within the meaning of the statute.

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