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| State v. Delapaz, A06-1014,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Defendant was properly charged with failing to register as a predatory offender as the complaint was not misleading; a repealed section (former Minn. Stat. § 243.166, subd. 1) was only replaced by subdivisions containing a definitions section and nearly identical language of the repealed subdivision describing who was required to register.
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| State v. Fisherman, A06-1336,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Revocation of probation was affirmed because the district court's determination that the need for confinement outweighed the policies favoring probation was not an abuse of discretion, when defendant's failure to abstain from controlled substances and alcohol, in violation of his probation, raised public-safety concerns.
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| State v. Glover, A06-807,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, filed
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Overview: Conviction of first-degree criminal damage to property under Minn. Stat. § 609.595, subd. 1(3), was affirmed because the evidence in the record supported the conclusion that defendant was emotional, upset and frustrated with the boyfriend, and that she responded by taking the gas can from his yard and setting the truck on fire.
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| State v. Lee, A06-1177,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: District court abused its discretion when it honored terms of parties' plea agreement and imposed a 28-month executed sentence with ten years of conditional release as it failed to articulate the aggravating circumstances justifying the upward sentencing departure, as required by Minn. Sentencing Guidelines II.D. Sentence was reversed and remanded.
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| State v. Straka, A06-1465,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: In a DWI case, the trial court did not err by declining to suppress evidence obtained after the warrantless entry into defendant's garage as defendant was aware that an officer was approaching; thus, the hot-pursuit doctrine prevented defendant from increasing his speed, entering his garage, and closing his garage door to defeat a public seizure.
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| Torgelson v. 17138 880th Ave., A06-1507, A06-1757,
COURT OF APPEALS OF MINNESOTA, July 10, 2007, Filed
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Overview: Homeowners were charged with criminal acts that took place on homeowners' property. Parties stipulated that homeowners' property was homestead property. In an in rem forfeiture proceeded, property could not be forfeited because forfeiture of homestead was a seizure for the payment of a liability, which was prohibited by Minn. Const. art. I, § 12.
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