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   State Courts - Minnesota - November 20, 2007

  
State v. Hussman, A06-897, COURT OF APPEALS OF MINNESOTA, November 20, 2007, Filed
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Overview: In a criminal prosecution for terroristic threats where appellant testified in his own defense, his attorney's decision to discontinue appellant's narrative testimony was trial strategy and not ineffective assistance. The district court did not err in denying his petition for postconviction relief under Minn. Stat. § 590.04, subd. 1.

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State v. Kilmer, A06-2052, COURT OF APPEALS OF MINNESOTA, November 20, 2007, Filed
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Overview: Defendant's convictions resulting from an initial traffic stop had to be reversed because: (1) the arresting officer had stopped defendant for entering an intersection after a steady yellow signal was displayed; but (2) the yellow-light statute, Minn. Stat. § 169.06, subd. 5(a)(2)(i), did not make such conduct illegal.

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State v. Ohlin, A06-1312, COURT OF APPEALS OF MINNESOTA, November 20, 2007, Filed
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State v. Ramirez, A06-1949, COURT OF APPEALS OF MINNESOTA, November 20, 2007, Filed
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Overview: Defendant was found guilty of attempted first-degree murder and second-degree assault; district court did not abuse its discretion in imposing an upward-departure sentence because three or more people were involved, the victim was vulnerable, the crime involved cruelty, and the crime had a substantial impact on the community.

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State v. Sookhar, A06-1706, COURT OF APPEALS OF MINNESOTA, November 20, 2007, Filed
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Overview: Evidence was sufficient to sustain defendant's convictions for aggravated robbery and felony domestic assault, based on defendant's alleged hitting of his girlfriend and the taking of her cell phone, because defendant's girlfriend testified that the blow "hurt a little" which was sufficient to prove bodily harm under Minn. Stat. § 609.02, subd. 7.

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State v. Villanueva, A06-1311, COURT OF APPEALS OF MINNESOTA, November 20, 2007, Filed
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Overview: In a criminal sexual conduct and attempted third-degree criminal sexual conduct case, the district court did not err in admitting portions of a witness's statement when the witness had no memory of the sexual act in violation of U.S. Const. amend. VI as the witness testified and was subject to cross-examination regarding his statement.

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State v. Weber, A07-1218, COURT OF APPEALS OF MINNESOTA, November 20, 2007, Filed
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Overview: Prohibition under Minn. Stat. § 624.713, subd. 1(b), on the possession of firearms by a defendant convicted in 2005 of a crime of violence began at conviction because a reading of the statute to have the prohibition begin only after the defendant's discharge from sentence or court supervision would be absurd.

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