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   State Courts - Minnesota - August 21, 2007

  
State v. Amble, A06-1597, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Where an informant told an investigator that defendant was involved in the sale and distribution of marijuana and prescription pills, the investigator corroborated the information. The search warrant based on the informant's report was supported by probable cause; the search-warrant application did not contain a material misrepresentation.

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State v. Bjork, A06-809, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: District court erred in sentencing defendant for both obstructing arrest/legal process and first-degree driving while impaired under Minn. Stat. § 609.035 as defendant was trying to escape from an officer for a crime for which he was stopped; this was generally considered to be part of the same behavioral incident.

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State v. Blayon, A05-1541, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: In a criminal sexual conduct case, evidence that appellant masturbated in front of an officer while in custody was properly admitted under Minn. R. Evid. 401 because the issue was whether appellant's sexual intercourse with the victim was nonconsensual; the inference he wanted the officer to draw was that he did not have to force sex upon a woman.

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State v. Jackman, A06-1192, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Because a police officer had a reasonable, articulable suspicion to stop appellant--the license plate number did not match the vehicle--and the evidence was seized in a valid search incident to arrest after appellant gave the officer false information, the district court did not err by denying appellant's suppression motion.

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State v. Jacobson, A06-1376, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Where defendant made a left turn against a red light, had watery and bloodshot eyes, admitted having one drink, and refused to perform field sobriety tests, the state trooper had probable cause to arrest her for DWI. Defendant was not entitled to suppress methamphetamine found on her person during a search incident to arrest.

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State v. Johnson, A06-1284, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: As the trial court could convict and sentence defendant for the criminal-sexual-conduct offense committed during the burglary under Minn. Stat. § 609.585, and as Minn. Stat. § 609.035 allowed for conviction and sentencing for the burglary offense committed during the sexual assault, defendant's consecutive sentences were proper.

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State v. Jones, A06-1719, SUPREME COURT OF MINNESOTA, August 21, 2007, Decided, August 21, 2007, Filed
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State v. Mancini, A05-1910, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: In defendant's assault case, although it was error under the Sixth Amendment to allow the victim's testimonial statements because there was no ongoing emergency, the error was harmless; there were multiple witnesses who testified at trial that defendant assaulted the victim, his estranged wife, and defendant did not dispute that fact.

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State v. Marlowe, A06-1806, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: A district court erred by imposing a lifetime conditional-release term, pursuant to Minn. Stat. § 609.3455, subd. 7(b) (2005), because defendant's offense was committed before the statute took effect, and in treating a previous adjudication of delinquency as a previous sex-offense conviction for purposes of Minn. Stat. § 609.109, subd. 7 (2002).

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State v. McMurlyn, A06-1027, COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of felony harassment under Minn. Stat. § 609.749 because, in light of the nature of the phone conversations and the history of the parties' relationship, a jury could have reasonably concluded that defendant knew or had reason to know that his conduct would have caused the complainant to feel terrorized.

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