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| Cermak v. State, A06-1627,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Where appellant was sentenced to 480 months upon his guilty plea to six counts of criminal sexual conduct, Knaffla procedurally barred his second postconviction petition. The district court was permitted to deny relief under Minn. Stat. § 590.04, subd. 3; the legality of the sentence was raised and decided in the first postconviction petition.
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| Eckdahl v. State, A06-1281,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: While it was improper to use a prior impaired driving-related loss of license as a qualified prior to enhance the petitioner's current first-degree DWI conviction under case precedent, he was not entitled to relief to correct sentence under Minn. R. Crim. P. 27.03 as his conviction and sentence were final before that precedential case became final.
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| In re Welfare of the Child of H.E.P., A07-299,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Termination of a father's parental rights under Minn. Stat. § 260C.301 was upheld because, inter alia, there was little evidence that he had sought treatment for his severe mental illness and chemical dependency, and the child was exposed to his abuse of controlled substances and engagement in domestic violence with the mother.
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| Jensen v. Jensen, A06-1536,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: District court's order denying a wife's motion to reopen a stipulated dissolution judgment was affirmed because the district court did not clearly err by finding that the record did not establish that it was more likely than not that the husband failed to disclose assets and the wife failed to show the existence of newly discovered evidence.
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| Johnson v. State, A06-1215,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Trial court properly denied petition for postconviction relief because multiple-victim exception to Minn. Stat. § 609.035 was consistent with double jeopardy standards and did not violate Double Jeopardy Clause; consequently, exception did not provide basis for overturning consecutive 150-month prison sentences for two counts of felony murder.
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| Machacek v. Our Homes South, Inc., A06-1480,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Denial of unemployment benefits was affirmed because the unemployment law judge (ULJ) properly applied the law and the record supported the ULJ's determination that the claimant was discharged for aggravated employment misconduct for kicking a group home resident with developmental disabilities in violation of the Vulnerable Adults Act.
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| Medley v. Ludeman, A07-97,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Denial of a committed patient's request for discharge was proper as he failed to meet the criteria under Minn. Stat. § 253B.18, subd. 15 where he failed to complete sex-offender or chemical-dependency treatment and was found to be more likely to commit a future violent offense than to refrain from committing such an act if released.
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| Moore v. Moore, A06-1504,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Where a wife moved to extend the husband's maintenance obligation under Minn. Stat. § 518.64, the district court lacked authority to address the motion because she did not move to modify his maintenance obligation until more than two weeks after he made his last maintenance payment in accordance with the payment schedule.
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| Orendorf v. N. Valley Health Ctr., A06-1115,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Dismissal of the claimant's medical malpractice suit with prejudice was affirmed because it was not an abuse of discretion to decline to accept the claimant's explanation that she would not be able to obtain an affidavit of expert review from the dominant health care provider in her area since she had previously sued the provider.
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| Semler v. Finch, A06-1178,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Dismissal of the patient's complaint against the nurse for failure to state a claim was affirmed because the state and federal patients' bills of rights did not created a private cause of action, and the patient failed to state a claim of medical malpractice by the nurse.
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