Minnesota Lawyer articles from December 2008

Minnesota Lawyer archives from December 2008

Minn. Court of Appeals: Mell v. Commissioner of Public Safety.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Routine PBT during Booking Routine administration of preliminary breath tests (PBT) during jail booking for non-alcohol-related offenses and use of the results to invoke the implied-consent law is not...

Minn. Court of Appeals: Gardinier v. Maryland Ave. Auto Sales, Inc.
December 1, 2008... Byline: Minnesota Lawyer Staff Vehicle's Certificate of Title Where the Department of Public Safety mistakenly issued a certificate of title for a motorcycle to the owner's brother rather than to the owner; the owner's brother used...

Minn. Court of Appeals: Smith v. Argosy Education Group, Inc.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Educational Contract Where plaintiff needed to complete an internship to obtain a doctorate through a private corporation with which she was studying; the corporation placed plaintiff in an internship...

Minn. Court of Appeals: County of Dakota v. Kohser.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Child Support Arrears Where father's child support obligations were set at a July 2000 hearing, shortly before his incarceration, and stayed during his imprisonment from 2000 to 2008; in 2007, father...

Minn. Court of Appeals: Alexander-Knight v. Knight.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Contempt; Property Division Even though husband failed to satisfy wife's lien on the marital homestead or place the homestead on the market for sale within the period of time specified in the dissolution...

Minn. Court of Appeals: Habtesilassie v. Yohannes.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Order for Protection Where petitioner obtained an order for protection (OFP) against her former spouse in 2005; the OFP was subsequently extended until 2007; and in 2007, petitioner sought to extend the...

Minn. Court of Appeals: Bartell v. Bartell.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Property Division; Attorney Fees Where the District Court distributed both marital property and debt to each of the parties; wife's award was $144,520, including the marital homestead, and husband's award...

Minn. Court of Appeals: Danna v. Danna.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Spousal Maintenance Where the District Court reserved the issue of spousal maintenance after trial, finding that wife, who was unemployed, could regain her insurance agent license and become...

Minn. Court of Appeals: Poplinski v. Commissioner of Public Safety.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Admissibility of Breath Test Where the licensee claims that his condition of gastroesophageal reflux disease distorted the breath-analysis process; the certified operator testified that he was within 5-15...

Minn. Court of Appeals: Odenbaugh v. Commissioner of Public Safety.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Investigatory Stop Where a customer in a retail store parking lot saw a mini-van strike another vehicle and then drive away; the customer wrote down the license number of the mini-van and reported the...

Minn. Court of Appeals: LaBrash v. Commissioner of Public Safety.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Probable Cause Even though the officer did not know the precise time when the licensee had driven her vehicle, we conclude that the totality of the facts and circumstances demonstrate that as a matter of...

Minn. Court of Appeals: Kottom v. Minn. Department of Natural Resources.
December 1, 2008... Byline: Minnesota Lawyer Staff Wild Animal Pelts Even though the District Court concluded in a criminal proceeding that respondent was storing wild animal pelts for others and did not possess them, we conclude that the District Court...

Minn. Court of Appeals: Rinzin v. Olmsted County Housing and Redevelopment Authority.
December 1, 2008... Byline: Minnesota Lawyer Staff Section 8 Assistance Even though the applicant's daughter failed to comply with the agency's request that she provide documentary evidence that she had moved out of the applicant's home as of Sept. 1, and...

Minn. Court of Appeals: Friends of the Riverfront v. Metropolitan Council.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Quasi-Legislative Decision Where the Metropolitan Council delegated to its chairperson authority to approve a park land exchange proposed by a city park board; and Met Council later ratified its...

Minn. Court of Appeals: Maroney v. State of Minnesota by Molnau.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Taking; Transportation Project Even though the Department of Transportation's communications with the real property owner strongly suggest that Mn/DOT intends to proceed with its plans to close access...

Minn. Court of Appeals: Clark v. Fabian.
December 1, 2008... Byline: Minnesota Lawyer Staff Statute of Limitations Where the inmate alleges that he was exposed to and contracted tuberculosis after he was taken into custody; proper service of the inmate's complaint was completed at some point...

Minn. Court of Appeals: James v. Masterson Personnel, Inc.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Failure to Appear Where the ULJ called claimant to conduct a hearing, as scheduled and noticed, but no one answered the call; and after she was disqualified from receiving benefits, claimant requested a...

Minn. Court of Appeals: Healing Spirit Clinic v. Christianson.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Misconduct Where claimant, a receptionist at a clinic, was discharged based on four incidents; in one instance, claimant declined to write out the procedures for releasing medical records to third parties...

Minn. Court of Appeals: Minnesota v. Blevins.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Physically Helpless Victim Under Minn. Stat. sec. 609.341, subd. 9(b) (2002), a complainant is physically helpless, if, because of a physical condition, the complainant is unable to withhold consent or...

Minn. Court of Appeals: Minnesota v. Hodges.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Sex Offender Minn. Stat. sec. 609.3455, subd. 5 (2006), which provides, At the time of sentencing under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based on the sentencing...

Minn. Court of Appeals: Minnesota v. Williams.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff 'Lothenbach' Proceeding Where, prior to an amendment to Minn. R. Crim. P. 26.01 clarifying Lothenbach proceedings, defendant stipulated to the facts supporting his conviction for the purpose of obtaining...

Minn. Court of Appeals: Bryant v. Minnesota.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Conditional Release Where defendant entered a straight guilty plea to the offense of failing to register as a predatory offender; the plea petition did not inform defendant of the 10-year term of...

Minn. Court of Appeals: Minnesota v. Kandeel.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Withdrawal Denied Where defendant, a citizen of Egypt working in Minnesota, pleaded guilty to fifth-degree domestic assault involving his wife; the evidence against defendant included the transcript of...

Minn. Court of Appeals: Sims v. Minnesota.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Interest-of-Justice Exception Even though petitioner alleges that he was prevented from raising certain issues in his 2002 direct appeal because he did not receive his trial transcripts in time to file...

Minn. Court of Appeals: Dunlap v. Minnesota.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Procedural Bar Where, in his third petition for postconviction relief, petitioner alleges that his trial counsel was ineffective; petitioner did not raise this claim on direct appeal; and petitioner does...

Minn. Court of Appeals: Bernard v. Minnesota.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Procedural Bar Where petitioner's claim of ineffective assistance of trial counsel can be decided based on the District Court record, we conclude that Knaffla bars petitioner's claim. Further, where...

Minn. Court of Appeals: Minnesota v. Crenshaw.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Homelessness Where defendant was assigned to live at a halfway house as part of his supervised release from prison and left the halfway house without permission; thereafter, defendant lived at two hotels,...

Minn. Court of Appeals: Minnesota v. Munn.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Illegally Obtained Evidence Where the probationer was required to be law-abiding; while on probation, the probationer was charged with fifth-degree possession of a controlled substance; and the District...

Minn. Court of Appeals: Minnesota v. Baumgart.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Authority to Consent Where an officer believed that defendant had been involved in a single-vehicle accident and had gone into a house, where there was no response; the officer contacted defendant's...

Minn. Court of Appeals: Minnesota v. Thodes.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Most Serious Offense Where defendant was convicted of attempted first-degree criminal sexual conduct and of second-degree criminal sexual conduct arising out of a single incident; the presumed sentence...

Minn. Court of Appeals: Minnesota v. Kottom.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Prohibited Possession Where a conservation officer observed two fishers in snares that did not have any identification; a surveillance video subsequently showed a vehicle matching the description and...

Minn. Court of Appeals rules administering breath tests to all inmates at booking OK.
December 1, 2008... Byline: Mark A. Cohen Police did not violate the constitutional rights of a defendant charged with a non-alcohol-related offense by invoking the implied-consent law after a preliminary breath test administered at his booking showed his...

Legal eagles' eyes trained on ballots in Senate recount in Minnesota.
December 1, 2008... Byline: Dan Heilman As the recount in the U.S. Senate race between Al Franken and Norm Coleman winds down, so does the work for the hundreds of volunteer lawyers who've traveled to Minnesota from all over the United States to work in...

Some bridge claimants in Minnesota will bypass review panel.
December 1, 2008... Byline: Dan Heilman In addition to seeing a payout from the $37 million compensation fund set up by the state, some bridge victims are exploring or pursuing litigation against companies that designed, worked on, inspected and maintained...

35W bridge collapse survivors in Minnesota ready to tell their tales to review panel.
December 1, 2008... Byline: Dan Heilman On the morning of Sept. 15, Erica Gwillim and two friends took a short but meaningful walk up and down the length of the new I-35W bridge with representatives of the company that built it. When Gwillim was last on...

Immigration laws a trap for the unwary criminal-law practitioner in Minnesota.
December 1, 2008... Byline: Michelle Lore When Burnsville criminal defense attorney Richard P. Ohlenberg got a call from a man who'd been arrested for DWI and assault after getting into an altercation with his wife, he never gave the man's immigration status...

Withdrawing a noncitizen's guilty plea in Minnesota: Can it be done and will it help?
December 1, 2008... Byline: Michelle Lore Defense attorneys and their clients need to understand the consequences of a criminal conviction before pleading to a charge. That's because under rule 15.05 of the Minnesota Rules of Criminal Procedure, a showing of...

Minnesota Lawyers in the News: December 1, 2008.
December 1, 2008... Byline: Minnesota Lawyer Staff Mary Byrne has become an associate in the Minneapolis office of Meagher & Geer P.L.L.P., focusing in the area of insurance coverage. Byrne received her bachelor's degree from the University of Vermont in 1998...

Column: Recession survival is three-part cycle.(Column)
December 1, 2008... Byline: Edward Poll Law firms are no strangers to the boom-and-bust mode of operation, and it’s been apparent for some time, as I’ve written in recent columns, that the “bust” phase is here. Of course, small...

A family legacy of recounts: Minn. Senate DFL Caucus lawyer Brian Rice.
December 1, 2008... Byline: Minnesota Lawyer Staff Senate DFL Caucus lawyer Brian Rice comes by his interest in the Coleman-Franken recount honestly: His father, former state legislator Jim Rice, represented DFL gubernatorial candidate Karl Rolvaag during the...

Intellectual property: Who owns the Beach Boys?
December 1, 2008... Byline: Dan Heilman Every summer, when fair-going season rolls around, it's not hard to find rock bands from the 1960s and '70s. The fair and outdoor festival circuit is the bread and butter of bands such as Rare Earth, The Lovin'...

8th Circuit Court of Appeals: Hines, et al. v. Anderson, et al.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Inmate Action; Medical Care; Consent Decree Where inmates filed a class action against prison officials based on complaints regarding their medical care and the parties agreed to a consent decree setting...

8th Circuit Court of Appeals: McGhee v. Pottawattamie County, et al.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Sovereign Immunity; Investigatory Actions; Prosecutors Where two men who were convicted of murder and served lengthy sentences brought civil rights claims against the former prosecutors and officers...

8th Circuit Court of Appeals: Sow v. Mukasey.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Asylum; Credibility; Convention Against Torture Where an immigration judge noted several discrepancies undermining an application for review from an immigrant from Mauritania including the submission of...

8th Circuit Court of Appeals: Finch v. Astrue.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Denial Of Benefits; Credibility; Pain Complaints Where evidence showed that a claimant of Social Security disability benefits was able to take care of himself and his home, including mowing, snow removal,...

8th Circuit Court of Appeals: U.S. v. Magana-Aguirre.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Where a defendant in a methamphetamine case argued that two statements made by the district court at the sentencing hearing showed that the court misunderstood its ability to vary from the advisory...

8th Circuit Court of Appeals: U.S. v. Henson.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Procedural Error; Harmless Error Even though the district court committed a significant procedural error by applying a presumption of reasonableness when sentencing a criminal defendant, the government...

8th Circuit Court of Appeals: U.S. v. Perry.(Brief article)
December 1, 2008... Byline: Minnesota Lawyer Staff Expectation Of Privacy; Sentencing Where a criminal defendant challenged officers' search of a VFW hall, the defendant did not present evidence demonstrating his subjective expectation of privacy within...

FDIC extends deposit protections to IOLTA accounts.
December 1, 2008... Byline: Minnesota Lawyer Staff The Federal Deposit Insurance Corporation has clarified that the recent deposit protections extended under the Temporary Liquidity Guarantee Program includes Interest on Lawyer Trust Accounts. The interim...

American Bar Association opinion examines in-house ethics counsel trend.
December 1, 2008... Byline: Minnesota Lawyer Staff A new American Bar Association ethics opinion issued last week explores the growing trend of law firms to designate a member or a committee as an ethics consultant for members of the firm. The opinion also...

Ramsey County Bar Association to hold annual clothing drive.
December 1, 2008... Byline: Minnesota Lawyer Staff The Ramsey County Bar Association is holding its annual Santa Brings a Law Suit clothing drive at the Ramsey County Courthouse in St. Paul on Dec. 11. The annual clothing drive collects business suits and...

Minnesota Women Lawyers to hold 20th Annual Holiday Benefit.
December 1, 2008... Byline: Minnesota Lawyer Staff Minnesota Women Lawyers will host its 20th Annual Holiday Benefit on Dec. 3, 2008, at the University of St. Thomas School of Law in Minneapolis, from 5:30 p.m. to 8:00 p.m. Over the past 19 years, MWL has...

Minnesota Bar Buzz: December 1, 2008.
December 1, 2008... Byline: Minnesota Lawyer Staff One more reason for giving thanks -- holiday cards! Bar Buzz got its first holiday card last week. It wasn't for Christmas; it wasn't for Hanukkah; it wasn't for Kwanzaa. No, this card, kindly provided by...

Minnesota Court of Appeals: Paulownia Plantations de Panama Corp. v. Rajamannan.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Forum Non Conveniens A forum non conveniens analysis requires a determination of whether the alternative forum is available and adequate before engaging in the balancing of the public- and...

Minnesota Court of Appeals: Metro Gold, Inc. v. Garrett Coin.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Dishonored Check 1. In an action pursuant to Minn. Stat. sec. 604.113 (2006), the issuer of a dishonored check must receive actual notice that the check was dishonored before civil penalties may...

Minnesota Court of Appeals: Hunley v. Hunley.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Life Insurance for Child's Benefit Because requiring a parent to maintain a life insurance policy for the benefit of the parent's child is in the nature of child support, the District Court can require...

Minnesota Court of Appeals: Langston v. Wilson McShane Corp.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Qualified Domestic Relations Order Whether a domestic relations order can be deemed a qualified domestic relations order for purposes of the Employee Retirement Income Security Act is a federal question...

Minnesota Court of Appeals: Siewert v. Northern States Power Co.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Claims re: Electrical Service 1. Tort claims for compensatory damages arising from the delivery of electrical service are not barred by the filed-rate doctrine. 2. The District Court is not...

Minnesota Court of Appeals: In the Matter of the Welfare of the Child of: T.C.M. and G.G.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Delegation of Parental Authority A parent's execution of a temporary and revocable delegation of parental authority concerning a child pursuant to Minn. Stat. sec. 524.5-211 (2006) does not divest that...

Minnesota Court of Appeals: Clark v. Fontana.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Sanctions for Violating Order Even though plaintiff violated the pre-trial scheduling order by failing to provide witness and exhibit lists as ordered, we conclude that the District Court abused its...

Minnesota Court of Appeals: Amasia Acoustics, LLC v. GN Hearing Care Corp.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Joint Venture Where two former employees of a hearing aid manufacturing company formed a company to perform repairs for the manufacturer; the repair company performed services for the manufacturer on...

Minnesota Court of Appeals: Tuaolo v. Want Some Weather, Inc.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Parol Evidence Rule Even though the parties' subscription agreement lacked an integration clause, we conclude that the District Court erred by considering parol evidence of defendant's alleged promise...

Minnesota Court of Appeals: Ilstrup v. Ilstrup.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Child Support; Self-Employed Obligor Where, two years after the dissolution, father closed his business and filed for bankruptcy, and then, with his new wife, formed a home-remodeling business; the...

Minnesota Court of Appeals: McCallum v. McCallum.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Maintenance; Obligor's Expenses Where the District Court found several of the maintenance obligor's claimed expenses unnecessary but also found that the obligor had failed to include several large...

Minnesota Court of Appeals: Baker v. Baker.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Property; Investment Return Where the District Court relied on the analysis by husband's expert who used the Schmitz formula to apportion the entire investment return on husband's retirement accounts...

Minnesota Court of Appeals: Londo v. Commissioner of Public Safety.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Refusal to Test Where the officer who administered the Intoxilyzer test testified that the arrestee acted as if she were blowing into the Intoxilyzer machine, while actually covering the airway in the...

Minnesota Court of Appeals: Gilyard, Jr. v. Lichtsinn.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Trust Provision Where Section Two of a family trust provided that for ninety days after the death of the surviving trustor, two named individuals had an option to purchase farm land for a fixed price;...

Minnesota Court of Appeals: Bruggeman v. Walz.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Threatening Statements Where the District Court found that appellant told a county attorney that she better watch her back, appellant screamed and swore at the county attorney at the sheriff's office, and...

Minnesota Court of Appeals: RedStar Capital, LLC v. Rex.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Eviction; Summary Proceeding Where the mortgage on the debtor's home was foreclosed; on the first day for creditor redemption, a creditor redeemed; the creditor instituted eviction proceedings; and the...

Minnesota Court of Appeals: Abdi v. State Farm Ins. Co.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Auto; Resident Relative second cousins Abdi and Jama were independently employed and lived in an apartment rented by another cousin; for a time, Jama lived and worked in Nebraska, where he obtained an...

Minnesota Court of Appeals: In the Matter of the Welfare of the Child of: A.K.H. and J.D.C.
December 15, 2008... Byline: Minnesota Lawyer Staff Report CHIPS Adjudication Where the bulk of the testimony supports the District Court's finding that the child was sexually abused by mother's live-in boyfriend; and the testimony of two teachers, extended...

Minnesota Court of Appeals: Huisman v. Chambers.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Expert-Disclosure Affidavits Where mother alleges that two labor and delivery nurses were negligent in providing care to her infant before birth by failing to ensure that the appropriate personnel were...

Minnesota Court of Appeals: Shannon v. Fabian.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Discipline Where the limited evidence the inmate submitted in support of his claim of unreasonable punishment for disciplinary infractions does not sufficiently support his claim; and the evidentiary...

Minnesota Court of Appeals: Martin v. LaFarge Group.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Certificate of Title Where plaintiffs suffered injuries while bicycling across a railroad spur track; defendant denies ownership of the spur track; and certificates of title show that the spur track is...

Minnesota Court of Appeals: Demuth v. Maryknoll, LLC.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Foreclosure Sale Where an assessment lien foreclosure sale occurred six weeks after the initial notice was published, we conclude that the timing of the sale satisfies Minn. Stat. sec. 580.03 because...

Minnesota Court of Appeals: Tyler Holdings, Inc. v. JJT, LLC.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Fraudulent Misrepresentation Where plaintiffs signed agreements to purchase two renovated condominium units before the renovation of those units was underway; the city later withheld approval of the...

Minnesota Court of Appeals: Hartmann v. Circuit City Stores, Inc.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Negligence; Proximate Cause Where two employees of a retail store followed a shoplifter after he left the store, in contravention of the store's policy; the employees followed the shoplifter as he ran...

Minnesota Court of Appeals: Rieken v. Achim IV, Inc.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Premises Liability Where a mirror tile on a restaurant wall fell and struck a customer on the head; and the owner testified that no one had never reported any problem with the mirrors but acknowledged...

Minnesota Court of Appeals: Rhoades v. Armor Security Inc.
December 15, 2008... Byline: Minnesota Lawyer Staff Report Misconduct Where claimant failed to properly match call slips with serviced work orders; and claimant's performance did not improve despite warnings and instruction; we conclude that claimant's conduct...

Minnesota Court of Appeals: Denial of Certification of the Variance Granted to Hubbard By City.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report 60-Day Rule; DNR Certification Even though the Commissioner of Natural Resources refused to certify a local government decision to grant a variance on property located within the Lower St. Croix...

Minnesota Court of Appeals: Borglum v. Waseca County Board of Commissioners.
December 15, 2008... Byline: Minnesota Lawyer Staff Report CUP; Recreational Facility Where the applicant sought a conditional-use permit (CUP) for the operation of an armored vehicle recreational facility and shooting range on her property, where the...

Minnesota Court of Appeals: Minnesota v. Holmes.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Underlying Crime; Predicate Offense A single assault can serve as both the underlying crime committed during the burglary and as the predicate offense aggravating the burglary to a first-degree offense....

Minnesota Court of Appeals: Minnesota v. Abrahamson.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Departure; Criminal Sexual Conduct 1. Variety in sexual acts is a valid reason for departure in the sentence for first-degree criminal sexual conduct in violation of Minn. Stat. sec. 609.342, subd....

Minnesota Court of Appeals: Minnesota v. Verdon.(Brief article)
December 15, 2008... Byline: Minnesota Lawyer Staff Report Minnesota Offense Code 1. Because the assignment of a Minnesota Offense Code to a defendant's offense does not enhance the defendant's sentence beyond the presumptive guidelines sentence, the right to...