Minnesota Lawyer articles from February 2009

Minnesota Lawyer archives from February 2009

Minn. Court of Appeals: R.G.C., Jr. v. Minnesota Department of Corrections.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff End-of-Confinement Review Interpretation of the statute governing statutory end-of-confinement classification for sex offenders is appropriately decided administratively and reviewed de novo by writ of...

Minn. Court of Appeals: Glacial Plains Cooperative v. Lindgren.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff UCC Statute of Frauds An admission exception under the Uniform Commercial Code, Minn. Stat. sections 336.1-101 to .10-105 (2008) (UCC), removes a contract from the code's statute of frauds requirement...

Minn. Court of Appeals: Zentz v. Graber.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Paternity; Presumption A man may establish that he is a presumed father under Minn. Stat. sec. 257.55, subd. 1(d), by alleging that he has received a child into his home and held the child out as his...

Minn Court of Appeals: Donnelly Bros. Construction Co. v. State Auto Property and Casualty Insurance.
February 2, 2009... Byline: Minnesota Lawyer Staff Occurrence Liability; Construction 1. The insurer, under an occurrence-liability-insurance policy, has a presumptive duty to defend an insured contractor against a negligence action for damages caused...

Minn. Court of Appeals: Fontaine v. Steen.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Prima Facie Case 1. Whether a legal-malpractice claim requires expert testimony to establish a prima facie case is a question of law, reviewed de novo on appeal. 2. An adverse court ruling on a...

Minn. Court of Appeals: In the Matter of Denial of Certification of the Variance Granted to Haslund.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff DNR's Rules Control When a municipality's zoning ordinances conflict with Minnesota Department of Natural Resources (DNR) rules enacted under the Lower St. Croix Wild and Scenic River Act, DNR's rules...

Minn. Court of Appeals: Fragale v. Leeds United, L.L.C.
February 2, 2009... Byline: Minnesota Lawyer Staff Discovery; Attorney Fees Where defendants did not respond to plaintiff's discovery requests within the time permitted by the Rules of Civil Procedure; plaintiff acted in good faith to secure the discovery...

Minn. Court of Appeals: Bonczek v. City of Minneapolis.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Investigative Stop Where a Minneapolis park agent stopped plaintiff, patted him down, and placed him in the agent's vehicle for five minutes while the agent called dispatch to verify plaintiff's identity;...

Minn. Court of Appeals: Lam v. County of Ramsey.
February 2, 2009... Byline: Minnesota Lawyer Staff Measurable Damages Where a property owner claimed breach of contract for a county's admitted breach of an agreement regarding drainage and curbing; and the owner presented no evidence of measurable...

Minn. Court of Appeals: Sang Enterprises, Inc. v. Langer.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Sufficiency of Evidence Where appellants argue that the District Court's findings are contradicted by testimony but they failed to provide the Court of Appeals with a trial transcript; and the exhibits on...

Minn. Court of Appeals: Johnson v. Johnson.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Maintenance; Clerical Error Where the District Court's January 2008 order states that the July 2007 order's reinstatement of the dissolution judgment rather than the June 16, 2006 order was an error, and...

Minn. Court of Appeals: Olson v. Olson.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Property; Nonmarital Where wife, her parents, and her two siblings formed a partnership during the parties' marriage; wife's father made the initial monetary contributions on behalf of the five partners...

Minn. Court of Appeals: Ahlers v. Ahlers.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Stipulation; Ex Parte Communication Where the parties orally stipulated to a resolution of father's motion to modify custody and agreed that the District Court was to craft an order; thereafter, on the...

Minn. Court of Appeals: In re the Estate of: Moldenhauer.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Testator's Capacity Where the testator's sons testified that their mother did not understand the scope of her estate and could not identify her heirs at the time she signed the will; the District Court...

Minn. Court of Appeals: Tony Eiden Co. v. State Auto Property and Casualty Insurance Co.
February 2, 2009... Byline: Minnesota Lawyer Staff Occurrence Liability; Construction Where a contractor built a house in 1994; in 2002, the homeowners discovered that water was entering the exterior walls of the house; the District Court found that...

Minn. Court of Appeals: EnComm Midwest, Inc. v. Larson.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Recoupment; Attorney Fees Where a contractor filed a mechanic's lien for work on two buildings on the owner's property; and the owner brought a breach-of-contract counterclaim based on numerous defects in...

Minn. Court of Appeals: Sumstad v. Wilson.
February 2, 2009... Byline: Minnesota Lawyer Staff Collateral Estoppel Where the District Court granted summary judgment in favor of a surgeon on the grounds that the patient's expert affidavit did not establish a prima facie case of causation; and at...

Minn. Court of Appeals: Tessmer v. City of St. Paul.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Nuisance; Subject Matter Jurisdiction Where this court previously upheld on writ of certiorari the city's determination to demolish the owner's building; and simultaneously to certiorari review, the owner...

Minn. Court of Appeals: Conover v. City of St. Paul.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Writ of Mandamus Even though the city's administrative code establishes procedures designed to ensure that prime-contract bidders actively solicit and accept bids from certified women-owned,...

Minn. Court of Appeals: Radunz v. CWF.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Job Termination Where an inmate was assigned duties in food service, which was run by a private company that had contracted with the correctional facility; and the private company eventually recommended...

Minn. Court of Appeals: Winfield v. Kasel.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Adverse Possession Where the Winfields acquired a warranty deed to their land in 1964; a fence has separated the Winfields' property from the adjacent tract since 1964; the Winfields have solely...

Minn. Court of Appeals: Northern Border Pipeline Co. v. Commissioner of Revenue.
February 2, 2009... Byline: Minnesota Lawyer Staff Use; Natural Gas Where transporters of natural gas seek a refund of the state use taxes they have paid on gas that they diverted from their pipelines to fuel the compressors that keep the remaining...

Minn. Court of Appeals: Treinen v. Northern States Power Co.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Snowmobile Accident; Instruction Where a snowmobiler struck a snow-covered utility pole which had been placed on a utility company's easement in anticipation of construction; a key factual dispute at...

Minn. Court of Appeals: Ess v. ALD Enterprises Inc.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Misconduct Where claimant occasionally arrived late for work and left early; claimant had been warned about his absences; after claimant's supervisor told claimants that he would have additional clients...

Minn. Court of Appeals: Ojogwu v. US Bank National Association.
February 2, 2009... Byline: Minnesota Lawyer Staff Misconduct Where two supervisors testified that claimant was late for work on numerous occasions, including at least six times after claimant's start time was moved to a later time; claimant received...

Minn. Court of Appeals: Harwood v. D.W. Jones Management Inc.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Voluntary Quit Where claimant was employed as a caretaker of an apartment complex where claimant and her son also lived; another tenant repeatedly complained to the property management company that the...

Minn. Court of Appeals: Valley Paving, Inc. v. Hampton Township.
February 2, 2009... Byline: Minnesota Lawyer Staff Interim-Use Permit Where an asphalt paving company leased a gravel pit beginning in 1999 and obtained informal approval of the township board to operate an asphalt-mixing plant on the site; in 2002, the...

Minn. Court of Appeals: Lake County v. Leslie.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Shoreland Dwelling Even though there is evidence supporting the District Court's determination that the building on the owner's shoreland property had not been designed or used as a dwelling, we conclude...

Minn. Court of Appeals: Williams v. Minnesota.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff 'Norgaard' Plea Where a defendant enters a Norgaard plea, in which the defendant asserts an absence of memory on the essential elements of the offense but pleads guilty because the record establishes, and...

Minn. Court of Appeals: Ahlers v. Ahlers.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff License Plate Cover Under Minn. Stat. sec. 169.79, subd. 7 (2006), it is illegal to cover assigned letters, numbers, and a state of origin on a license plate with any material. Affirmed. ...

Minn. Court of Appeals: Minnesota v. Washington.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Corroboration Instruction Even though DNA on defendant's shoe, jacket, and car linked him to the robbery of the victim, we conclude that the District Court's omission of an accomplice jury instruction was...

Minn. Court of Appeals: Minnesota v. Burr.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Voluntary Intoxication Even if we were to conclude that the defense of voluntary intoxication applies to an assault resulting in the infliction of actual bodily injury, we would conclude that defendant is...

Minn. Court of Appeals: Minnesota v. Hicks.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Lesser-Included Offense Where defendant was charged with first-degree burglary after he entered the screened-in back porch of a home, saw someone inside, and exited; defendant testified that he was...

Minn. Court of Appeals: Boelter v. Minnesota.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Separate Behavioral Incidents Where defendant pleaded guilty to one count of first-degree criminal sexual conduct involving his minor daughter for an act of sexual penetration that occurred in 2001, and...

Minn. Court of Appeals: Minnesota v. Hamlin.
February 2, 2009... Byline: Minnesota Lawyer Staff Test Refusal; Instructions Where the court gave the pattern jury instruction for test refusal from 10A Minnesota Practice, CRIMJIG 29.28 (2006), but failed to instruct the jury to find that defendant was...

Minn. Court of Appeals: Minnesota v. Samuel.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Curative Admissibility Doctrine Where two officer who responded to a 911 call observed a woman and three men; and after one of the officers conferred with the woman, who had called 911, the second...

Minn. Court of Appeals: Minnesota v. Crohn.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff DWI; Consecutive Even though defendant was on probation and subject to a stayed sentence for a prior gross-misdemeanor DWI conviction at the time he was convicted of first-degree DWI, we conclude that the...

Minn. Court of Appeals: Minnesota v. White.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Mandatory Minimum Where defendant pleaded guilty to a felony charge of being a prohibited person in possession of a firearm; and defendant has a prior conviction of unlawful possession of a pistol; we...

Minn. Court of Appeals: Minnesota v. Fleming.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Possession of Firearm Where defendant was convicted of possession of a firearm by an ineligible person based on his possession of an unloaded BB gun; the District Court found that defendant met the...

Minn. Court of Appeals: Minnesota v. Holm.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Officer's Observation of Speed Where an officer testified that he received formal training in estimating vehicle speeds and does so daily as part of his job; the officer testified that he observed that...

Minn. Court of Appeals: Minnesota v. Anderson.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Speeding Where an officer testified that he witnessed defendant driving a car at a speed that the radar device showed to be in excess of the posted limit; the officer testified to all of the facts...

Minn. Court of Appeals: Minnesota v. Robertson.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Constructive Possession Where police found a .22 caliber semiautomatic under the driver's seat of the car defendant had been driving; in a recorded discussion with an officer, defendant stated that he had...

U.S. Bankruptcy Court: In re: Barrows.
February 2, 2009... Byline: Minnesota Lawyer Staff Bad Faith Where, on a worksheet provided by their attorney in anticipation of filing a petition, the Ch. 7 debtors listed the approximate average daily balance of their bank accounts as $325.00; before...

Minn. Supreme Court: In re Petition for Disciplinary Action against Anderson.
February 2, 2009... Byline: Minnesota Lawyer Staff Suspension Indefinite suspension for a minimum of six months is the appropriate discipline where the attorney failed to comply with the terms of probation and failed to cooperate with the Office of...

Minn. Supreme Court: Minnesota v. Pendleton.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff General Instruction 1. The District Court did not err when it gave a general accomplice instruction and declined to instruct the jury that a witness was an accomplice as a matter of law because the...

Minn. Supreme Court: In re Appointments to the Board of Law Examiners.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer staff Board of Law Examiners Kathleen Mahoney and the Hon. Rosanne Nathanson are reappointed to the Board of Law Examiners. Barbara D'Aquila and Laura Hein are appointed to the board. Case Number:...

Minn. Supreme Court: In re Appointments to the Board of Legal Certification.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer staff Board of Legal Certification Dionne Hayes and the Hon. Kathryn Messerich are appointed to the Board of Legal Certification. Case Number: CX-84-1651 Case Name: In re Appointments to the Board of...

Minn. Supreme Court: In re Appointments to Standing Committee for Admin. of No-Fault Arbitration.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Committee on No-Fault Arbitration Clinton Collins, Jr. is reappointed to the Standing Committee for Administration of No-Fault Arbitration. Kelly Sofio is appointed to the committee. Case Number:...

Minn. Supreme Court: In re Appointments to the Advisory Committee on Rules of Criminal Procedure.
February 2, 2009... Byline: Minnesota Lawyer Staff Committee on Rules of Criminal Procedure Professor Robin K. Magee is reappointed as a member to the Supreme Court Advisory Committee on Rules of Criminal Procedure. Heidi Schultz, Thomas Sieben, the Hon....

Minn. Court of Appeals: Appointment to the Minnesota Sentencing Guidelines Commission.
February 2, 2009... Byline: Minnesota Lawyer Staff Sentencing Guidelines Commission The Honorable Helen M. Meyer is reappointed to the Minnesota Sentencing Guidelines Commission as the designee of the Chief Justice of the Supreme Court. Case Number:...

Commentary: Will justice crumble?
February 2, 2009... Byline: Mark A. Cohen While a proposed 5 percent cut to the courts' budget was not as bad as some thought it would be, that's cold comfort to a judiciary presiding over a system that is already overburdened and cracking at the seams. ...

Minneapolis law firm Dorsey & Whitney's win in negligence case: What's it mean?
February 2, 2009... Byline: Barbara L. Jones Dorsey & Whitney's recent victory in a suit alleging that the Minneapolis law firm had breached its fiduciary duty highlights when lawyers need not and must disclose the existence of possible malpractice claims....

Minnesota Supreme Court Historical Society holds first annual meeting.
February 2, 2009... Byline: Mark A. Cohen A little more than a year ago, several dozen lawyers, judges and friends of the Minnesota courts met informally at the Minnesota Judicial Center to discuss a historic project -- creating a historical society focusing...

Water intrusion coverage period is clarified by Minn. Court of Appeals ruling.
February 2, 2009... Byline: Barbara L. Jones An insurer under an occurrence-liability policy has a presumptive duty to defend the installer of stucco against property owners' actions for damages caused by water intrusion when that water intrusion occurs...

Minn. Court of Appeals finds legal malpractice action required an expert.
February 2, 2009... Byline: Minnesota Lawyer Staff A Hennepin County District Court judge did not err in finding that expert testimony was required to state a prima facie case that a divorce attorney committed legal malpractice, the Minnesota Court of Appeals...

Minnesota Client Security Board approves claims.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff At its January meeting, the Minnesota Client Security Board approved payment of nine claims totaling $80,297.60, against former attorneys James L. Berg, Gregory B. Engwall and Charles O. Amdahl. The board...

Sen. Klobuchar begins search for Minnesota's U.S. Attorney.
February 2, 2009... Byline: Minnesota Lawyer Staff U.S. Senator Amy Klobuchar has announced the formation of an advisory committee to assist her in recommending Minnesota's next U.S. Attorney to President Barack Obama. The committee will review letters of...

Federal E-Verify rule shelved until at least May.
February 2, 2009... Byline: Minnesota Lawyer Staff The federal government has again delayed implementation of a rule requiring all companies working on federal contracts to electronically check the legal working status of their employees through the Department...

States analyzing, considering civil Gideon.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Minnesota isn't the only state examining the possibility of expanding court-appointed counsel to civil cases involving basic human needs, but it continues to be on the forefront of the issue. Other states...

Minnesota task force is charting the course for eventual expansion of the right to counsel.
February 2, 2009... Byline: Michelle Lore A Minnesota State Bar Association task force is gathering information and examining the practical considerations surrounding the possible expansion of the right to court-appointed counsel in some civil matters. ...

Lawyers talking about their cases.
February 2, 2009... Byline: Thomas Spahn When U.S. Attorney Patrick Fitzgerald announced charges against Illinois Governor Rod Blagojevich, he labeled as “appalling” what he described as a “political corruption crime spree” that would...

Commentary: Caution: Internet scammers targeting lawyers.
February 2, 2009... Byline: Patrick R. Burns What would your reaction be if you received an e-mail from a government functionary in Nigeria telling you that he has access to several million dollars of unused oil pipeline funds and requires your assistance,...

Minnesota Bar Buzz: February 2, 2009.
February 2, 2009... Byline: Minnesota Lawyer Staff Bridge hearings concluded The three special masters conducting the 35W bridge collapse hearings can take a deep breath now that the hearings have concluded, and move on to the next phase. It's a...

Column: Don't let a credit line become a noose.(Reprint)(Column)
February 2, 2009... Byline: Edward Poll I have warned about the dangers of law firms paying staff salaries and even partnership draws by using their bank lines of credit. In a credit line arrangement, the firm borrows and repays at will up to the amount...

Medical malpractice - Minor v. Neonatologist and Hospital.
February 2, 2009... Byline: Minnesota Lawyer staff Plaintiff’s Summary of the Case: Minor D.M. was prematurely born on May 17, 2002. A radial arterial line was placed in the child’s right wrist to monitor blood gases by a neonatologist on the...

Minnesota Lawyers in the News: February 2, 2009.
February 2, 2009... Byline: Minnesota Lawyer Staff Charles A. Gross has become a partner with Geraghty, O'Loughlin & Kenney, P.A. Gross concentrates his practice in the areas of professional liability and licensing, medical malpractice defense, products...

A long and winding road to vindication for Minneapolis law firm Dorsey & Whitney.
February 2, 2009... Byline: Barbara L. Jones The Minneapolis law firm of Dorsey & Whitney found itself accused of malpractice and breach of fiduciary duty in litigation that took place over a number of years in state and federal courts. To call the litigation...

When does a federal court predict what the Supreme Court would decide?(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff In Leonard et al. v. Dorsey, et a., the 8th U.S. Circuit Court of Appeals predicted how the Minnesota Supreme Court would rule on a question of an attorney's liability for alleged malpractice. A prediction,...

8th Circuit Corut of Appeals: Thomas & Wong General Contractor v. The Lake Bank.
February 2, 2009... Byline: Minnesota Lawyer Staff Collateral Transfer Agreement; Failure To Perform; Statute Of Frauds Where plaintiff that entered into a collateral transfer agreement with a bank and later sued the bank for failure to deliver collateral...

8th Circuit Corut of Appeals: Telco Group, Inc. v. Ameritrade, Inc., et al.
February 2, 2009... Byline: Minnesota Lawyer Staff Dismissal; Live Controversy Where a party appealed the District Court's final order dismissing its claims with prejudice for failure to prosecute, the order of dismissal is affirmed without reaching the...

Verdicts & Settlements February 2, 2009: Singson v. Norris -- Inmate Action, Religious Beliefs.(Case overview)
February 2, 2009... Byline: Minnesota Lawyer Staff Inmate Action; Religious Beliefs; Tarot Card Policy Where an inmate claimed the prison's policy requiring tarot cards to be checked out from a chaplain and prohibiting inmates from keeping cards in their...

8th Circuit Court of Appeals: Coyne's & Co., Inc. v. Enesco.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Distributor Agreement; Preliminary Injunction; Franchise Fee Where a Minnesota company that entered a distributor agreement with an English company sought a preliminary injunction against a competitor...

8th Circuit Corut of Appeals: General Mills, Inc. & Subsidiaries v. U.S.
February 2, 2009... Byline: Minnesota Lawyer Staff Corporate Income Tax; Refund Action; Redemptive Dividend Where a corporation sued for refunds of corporate income tax to recover the value of deductions for cash distribution redemptive dividends, the...

8th Circuit Court of Appeals: Dukuly v. Filip.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Adjustment of Status; Denial; Evidence Where a citizen from Liberia petitioned for review of an immigration judge's denial of his request for an adjustment of status, the record showed that an immigration...

8th Circuit Court of Appeals: Habchy v. Filip.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Asylum; Motion To Reopen; Changed Conditions Where a citizen of Lebanon moved to reopen his asylum case, the Board of Immigration abused its discretion in denying the motion because it failed to consider...

8th Circuit Corut of Appeals: Presley, et al. v. Lakewood Engineering and Manufacturing Company.
February 2, 2009... Byline: Minnesota Lawyer Staff Products Liability; Expert Testimony; Space Heater Where plaintiffs brought claims of negligence, breach of warranty and strict products liability against the manufacturer of a space heater, alleging the...

8th Circuit Corut of Appeals: Sasser v. Norris.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Mental Retardation; Evidentiary Hearing Where the District Court concluded that a criminal defendant's Atkins claim was procedurally defaulted because the defendant did not raise the issue of his mental...

8th Circuit Court of Appeals: U.S. v. Rollins.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Motion To Withdraw; Diagnosis Of Mental Disorder Where a defendant who pleaded guilty to possession of unregistered destructive devices moved to withdraw his guilty plea, the defendant's diagnosis for...

8th Circuit Corut of Appeals: Nichols v. Symmes.
February 2, 2009... Byline: Minnesota Lawyer Staff Relief; Successive Petitions Where a criminal defendant brought a petition for habeas corpus under Section 2241 and sought to withdraw his guilty plea, the claim was properly construed as a Section 2255...

8th Circuit Court of Appeals: U.S. v. Walker.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Sentencing; Criminal History Where an officer observed a defendant swerve towards his squad car and a possible fight between the defendant and his passenger, the officer had a reasonable suspicion to stop...

8th Circuit Court of Appeals: U.S. v. Battiest.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Child Pornography; Reasonableness Where a defendant who pleaded guilty to attempting to distribute, receipt of and possession of child pornography was sentenced to 188 months, the record showed that the...

8th Circuit Corut of Appeals: U.S. v. Walking Eagle.
February 2, 2009... Byline: Minnesota Lawyer Staff Criminal History; Upward Departure Where a District Court based an upward departure in an assault case on the defendant's lengthy history of assault convictions as well as tribal court convictions for...

8th Circuit Court of Appeals: U.S. v. Vasquez.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Methamphetamine Conspiracy; Supervisory Role Where a criminal defendant was found guilty on two methamphetamine charges, the government presented sufficient evidence to support a three-level enhancement...

8th Circuit Court of Appeals: U.S. v. Smiley.(Brief article)
February 2, 2009... Byline: Minnesota Lawyer Staff Restitution; 'Fraud On The Court' Where a District Court vacated the original sentence of a mail-fraud defendant and resentenced her to a longer sentence and increased restitution, outside of the...