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| State v. Mancilla, A06-581,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Defendant was convicted of first-degree burglary and second- and fifth degree assault. Defendant failed to meet his burden of showing counsel was ineffective, under the Sixth Amendment, because defendant failed to show that counsel had an active conflict of interest based on previous representation of witness.
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| State v. McCray, A06-857,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Defendant's conviction of second-degree criminal sexual conduct under Minn. Stat. § 609.343, subd. 1(a) was reversed because the prosecutorial misconduct prejudiced defendant's right to a fair trial and the verdict rendered was not "surely unattributable to the error," when the prosecutor's statements improperly emphasized the issue of penetration.
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| State v. Olayiwola, A06-417,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Defendant was convicted of third-degree criminal sexual conduct. Evidence was sufficient to convict because, although victim's testimony was inconsistent with other reports, credibility determinations were for the jury to make. Prosecutor's statements during closing did not amount to plain error or misconduct.
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| State v. Stafford, A06-836,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Where defendant was charged with criminal sexual conduct, he waived his right to a jury trial under Minn. R. Crim. P. 26.01 after being advised by the court and counsel. The testimony from defendant and the victim's mother independently supported elements of the victim's testimony; the evidence was sufficient to support defendant's conviction.
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| State v. Vandevender, A06-2411,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Where individuals reported to police that defendant had a gun and was talking about shooting people, the officers had probable cause to arrest defendant for terroristic threats under Minn. Stat. § 609.713, subd. 1. The officers were justified in conducting a pat down search that yielded a handgun; the district court erred by suppressing the gun.
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| Van Dang v. Crist Constr., Inc., A06-1798,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In home owners' breach of statutory warranty claim, summary judgment in favor of the contractor was error as there was sufficient evidence to create a fact issue of whether the contractor authorized its agent to acknowledge receipt of the claim and intended to waive its right to receive written notice under Minn. Stat. § 327A.03(a).
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| Winans v. Quality Bldg. Maint., A06-1237,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Where relator was employed as an overnight manager for a janitorial service, he was terminated for tardiness, misuse of the employer's time-reporting system, and theft by consumption of the employer's food product. The ULJ did not err in deciding that he was disqualified from receiving unemployment benefits under Minn. Stat. § 268.095, subd. 4(1).
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