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| Breza v. Kiffmeyer, A06-1871,
SUPREME COURT OF MINNESOTA, November 16, 2006, Filed
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Overview: Ballot question concerning allocation of motor vehicle sales tax revenues between public transit and highways was not misleading as to evade requirement of Minn. Const. art. IX, § 1, that constitutional amendments shall be submitted to a popular vote; language was not so misleading that voters could not understand the meaning of the amendment.
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| State v. Martin, A04-279,
SUPREME COURT OF MINNESOTA, November 16, 2006, Filed
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Overview: Although the best practice was to have defendant present during all communications with the deliberating jury, district court did not commit reversible error in addressing non-substantive jury communications outside of defendant's presence as defendant had waived his Fourteenth Amendment right to be present during such communications.
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| State v. Warsame, A05-488,
COURT OF APPEALS OF MINNESOTA, November 21, 2006, Filed
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Overview: In an assault case, defendant's Confrontation Clause rights would not be violated by admission of the complainant's narrative account of the alleged assault because police were dealing with an ongoing emergency potentially extending to three separate locations when they spoke with the complainant and when she gave her narrative account.
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| George v. Estate of Baker, A05-108,
SUPREME COURT OF MINNESOTA, November 22, 2006, Filed
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Overview: In a wrongful death case, a court's erroneous standard of care instruction relating to a cab driver was reversible error because the jury could have found that the cab driver was driving 20 mph faster than a person exercising utmost caution, or that a person exercising utmost caution would not have been driving at all given the conditions.
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| State v. Meldrum, A05-2365,
COURT OF APPEALS OF MINNESOTA, November 28, 2006, Filed
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Overview: In defendant's domestic assault case, although it was preferable that courts give limiting instructions, Minn. R. Evid. 105, when using "relationship evidence," there was no plain error; two eyewitnesses testified regarding defendant's altercation with the victim, and the record indicated that all other jury instructions were properly given.
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| In re Estate of Sullivan, A06-171,
COURT OF APPEALS OF MINNESOTA, December 5, 2006, Filed
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Overview: District court's approval of settlement agreement between decedent's children was not consented to by all parties as required by Minn. Stat. § 524.3-1102; daughter, as beneficiary, had to sign, and agreement was invalid without signature. Denial of daughter's family allowance, Minn. Stat. § 524.2-404, was proper as she was not dependent on father.
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| Neutgens v. Westfield Group, A06-291,
COURT OF APPEALS OF MINNESOTA, December 5, 2006, Filed
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Overview: The denial of the insurer's motion to vacate an arbitration award of income-loss benefits under the Minnesota No-Fault Automobile Insurance Act, Minn. Stat. §§ 65B.41 to 65B.71, was proper, in part, because the state's no-fault law did not exclude those employed by corporations in which they were the sole shareholder.
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