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| Chappelear v. Chappelear, A06-1705,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: Where a former husband retired at 62 following a stroke, it was not error to find that he retired in good faith because the severity of his medical condition and the credibility of his physician's advice were considered; also, sufficient findings were made to support modification of spousal maintenance under Minn. Stat. §§ 518.64 and 518.552.
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| Chippewa Valley Bean Co. v. Green Meadow Bean Co., A06-2223,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: The trial court did not err in confirming an arbitration award, as there were no grounds to vacate it under Minn. Stat. § 572.19, subd. 1(3) because the arbitrator did not clearly exceed his power under the arbitration agreement in arbitrating the parties' dispute and the arbitrator's award drew its essence from the arbitration agreement.
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| Collins v. State, A06-2242,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: The denial of the inmate's petition for postconviction relief was proper because he did not object to the imposition of the conditional-release term at sentencing and because Blakely did not apply. The district court imposed only the term of conditional release that was part of the statutory maximum sentence for criminal-sexual conduct.
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| Hanson v. Comm'r of Pub. Safety, A06-2102,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: Where a driver was arrested for driving while impaired under Minn. Stat. § 169A.20, an officer's investigatory stop of his car in a parking lot was valid because the stop was justified by the location and movement of the driver's car in the parking lot of a previously burglarized facility that was closed for business.
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| Henderson v. Fabian, A07-0136,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: The district court did not err in denying the inmate's petition for writ of habeas corpus under Minn. Stat. § 589.01; the inmate failed to establish that a prohibition on possessing pornography or a limitation on storage space affected his right to access the courts or restricted his constitutional rights.
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| In re Risk Level Determination of J.V., A06-2286,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: ALJ's order dismissing an offender's request for administrative review of his risk-level assessment under Minn. Stat. § 244.052 as moot was affirmed; because the offender was civilly committed to a residential facility and not subject to community notification, the offender lacked the requisite personal interest in the outcome of the litigation.
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| In re Welfare of Child of S.B., A07-0948,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: A mother's parental rights were properly terminated under Minn. Stat. § 260C.301 because the mother failed to find suitable housing, she was an illegal tenant at her daughter's townhome, she continued to have unstable moods, and she intended to move to a county where she had no connections, support system, or employment.
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| Johnson v. Elk River Area Sch. Dist., A06-2341,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: Former student's sexual abuse suit against a teacher was untimely under Minn. Stat. § 541.073 because she was aware that the sexual contact with her teacher was abuse at the time the contact occurred and the six-year period was not tolled for insanity under Minn. Stat. § 541.15 based on her depression and suicidal tendencies.
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| Koehnen v. Titan Constr., Inc., A06-2091,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: A finding that the employee was disqualified from receiving unemployment benefits was proper pursuant to Minn. Stat. § 268.095, subd. 4(1), in part because she did not properly monitor the employer's finances or timely file all required tax and payroll documentation.
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| Levar v. Zupancich Bros., A06-2348,
COURT OF APPEALS OF MINNESOTA, November 27, 2007, Filed
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Overview: The disqualification of an employee from receiving unemployment benefits was appropriate pursuant to Minn. Stat. § 268.095, subd. 6(a) because his repeated disregard for his work schedule constituted misconduct since his behavior displayed clearly either a serious violation of the standards of behavior expected, or a lack of concern.
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