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| State v. Pawlik, A06-535,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Speeding conviction was affirmed because the evidence- -primarily an officer's testimony regarding his use of a laser-guided speedometer- -was sufficient for a rational factfinder to conclude that appellant exceeded the posted speed limit. Any alleged inconsistencies in the testimony were either unsupported or were immaterial to guilt, or both.
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| State v. Smith, A06-500,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: In an aiding and abetting attempted first-degree murder (drive-by shooting) case, the evidence was insufficient to sustain the convictions under Minn. Stat. §§ 609.185(a)(3), 609.66, subd. 1e(a) as the record was silent as to the amount of time that elapsed between defendant's exit from the vehicle and his firing shots at the other vehicle.
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| State v. Thang Van Tran, A06-1030,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Defendant violated probation by failing to complete a chemical-dependency treatment program, even though this requirement had not been expressly imposed by a district court as a probation condition, because the district court had properly delegated its authority under Minn. Stat. § 609.135, subd. 1(b) to administrative implementation.
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| State v. Walker, A06-470,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: In a first-degree burglary case, the district court's omission of a definition of "particular cruelty" was plain error that required resentencing as that error contributed to defendant receiving a sentence that was an upward departure from the presumptive sentence, thereby affecting his substantial rights.
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| State v. Wallin, A06-1960,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: District court made adequate findings to support revocation of defendant's probation under Minn. R. Crim. P. 27.04, subd. 3(4) because its findings communicated its determination that need for confinement outweighed policies favoring probation, and such determination was supported by a reasonable substantive explanation on the record.
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| Stewart v. Anderson, A06-1878,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: District court properly reversed a housing court for receiving a landlord's late exhibits but not a tenant's late exhibits and requiring expert testimony for the tenant's lay testimony regarding rodent sounds, smells, and grease stains on dryer articles. Although the district court erred in considering a pest report, the error was not prejudicial.
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| Strand v. Allied Insulation Supply Co., A06-1623,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: From an employee's personal-injury tort action arising from his wife's second-hand asbestos exposure, dismissal of the employer's third-party contribution claims against the insulators was proper as the Pierringer release signed by the employee and the employer violated the rule prohibiting the assignment of personal-injury tort actions.
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| Thomas v. State, A06-1443,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Petitioner's sentence for criminal sexual conduct and furnishing alcohol to minors was modified in part because the district court should have pronounced a term of imprisonment that was subject to the good-time reduction under former Minn. Stat. § 244.04, subd. 1.
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