OPINION GILDEA, Chief Justice. Appellant Gary Roby was convicted of aiding and abetting the crimes of first-degree premeditated murder, first-degree murder while committing aggravated robbery, and second-degree intentional murder for his role in the shooting death of Marlizza McIntyre. We affirmed Roby's conviction on direct appeal. State v. Roby ( Roby I ), 463 N.W.2d 506 (Minn.1990). In this case, Roby appeals the denial of his third petition for postconviction relief. Because we...
OPINION MEYER, Justice. The issue in this case is whether landlords and tenants whose properties have been subject to repeated applications for administrative warrants may bring a declaratory judgment action challenging the constitutionality of a rental property inspection ordinance. The ordinance, enacted by respondent City of Red Wing, requires inspections of rental property before landlords may obtain operating licenses. The City may conduct inspections with the consent of the landlord or...
OPINION GILDEA, Chief Justice. This case arises from an employment relationship between appellant Park Nicollet Clinic and respondent Dr. Arlyn Hamann. The district court dismissed Hamann's complaint against Park Nicollet, holding that the statute of limitations barred his claims. The court of appeals reversed. Because we conclude that Hamann's claims accrued in April 2005, when Park Nicollet committed the allegedly wrongful conduct at issue, we conclude that the statute of limitations bars...
OPINION DIETZEN, Justice. This case arises out of the August 1, 2007, collapse of the Interstate 35W Bridge where it crosses the Mississippi River in Minneapolis, Minnesota. Following the collapse, individual plaintiffs commenced lawsuits for negligence, breach of contract, and resulting damages against URS Corporation (URS) and Progressive Contractors, Inc. (PCI), contractors that performed work on the Bridge pursuant to contracts entered into with the State of Minnesota. URS and PCI then...
OPINION DIETZEN, Justice. This case arises out of the August 1, 2007, collapse of the Interstate 35W Bridge (Bridge) where it crosses the Mississippi River in Minneapolis, Minnesota. Following the collapse, individual plaintiffs commenced lawsuits against appellant URS Corporation (URS), a contractor that performed work on the Bridge pursuant to a contract entered into with the State of Minnesota. URS then brought a third-party complaint against respondent Jacobs Engineering Group, Inc. (...
OPINION STRAS, Justice. At issue in this case is the interpretation of approximately 60 collective bargaining agreements (CBAs) between the City of Duluth and its employees. Subject to certain conditions and exceptions, the CBAs guarantee retired City employees health insurance benefits "to the same extent as active employees." The dispute centers on the meaning of that phrase—specifically whether the phrase guarantees health insurance benefits to retirees to the same extent as employees who...
OPINION PER CURIAM. This proceeding arises from a formal complaint filed by the Minnesota Board on Judicial Standards against the Honorable Patricia Kerr Karasov, Judge of District Court, Hennepin County, alleging violations of the Rules of the Code of Judicial Conduct and the Minnesota Constitution. Following a hearing, a three-member panel appointed by this court found that Judge Karasov failed to reside within her judicial district from July 1, 2009, through September 30, 2009, and failed...
OPINION ANDERSON, G. BARRY, Justice. This appeal asks us to decide how sealed absentee ballots that were rejected and never counted during the 2008 general election are classified under the Minnesota Government Data Practices Act (MGDPA), Minn.Stat. ch. 13 (2010). Appellant television stations KSTP-TV, KSTC-TV, WDIO-TV, KAAL-TV, and KSAX-TV, alleging that the ballots are public government data under the MGDPA, brought an action under the MGDPA seeking access to the ballots. The Ramsey County...
OPINION MEYER, Justice. At issue in this case is the interplay between the newborn screening statutes, Minn.Stat. 144.125-.128 (2010), and the Genetic Privacy Act, Minn.Stat. 13.386 (2010). 1 The Minnesota Department of Health, as part of its newborn screening program, collects blood samples of newborn children to test for various disorders. The Department has retained the excess blood samples and the test results. The Department has used the blood samples for purposes other than the...
OPINION PER CURIAM. The Board on Judicial Standards has appealed a hearing panel's dismissal of a formal complaint against the Honorable Gregory G. Galler, a district court judge in the Tenth Judicial District. The Board charged Judge Galler with creating an appearance of impropriety during an omnibus hearing in a DWI case. The Board asserts, among other claims, that Judge Galler ordered a criminal defense attorney to write a letter of apology for allegedly impugning the integrity of a police...
ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed June 29, 2011, be, and the same is, affirmed without opinion. See Hoff v. Kempton, 317 N.W.2d 361 , 366 (Minn.1982) (explaining that [s]ummary affirmances have no precedential value because they do not commit the court to any particular point of view, doing no more than establishing the law of the case). Employee is awarded $1,200 in...
OPINION MEYER, Justice. After parental rights to an Indian child living in Fillmore County were involuntarily terminated, the White Earth Band of Ojibwe (the Band) petitioned for transfer of the ensuing preadoptive placement proceedings to its tribal court. The district court granted the Band's motion and the court of appeals affirmed. Because we conclude that transfer of preadoptive proceedings to tribal court is not authorized by federal or state law, we reverse. The subject of these...
OPINION ANDERSON, G. BARRY, Justice. This negligence case requires us to decide whether the failure to warn others of foreseeable harm created by the defendant's conduct can constitute negligence absent a special relationship between the parties. A jury found appellants Eric Rolland and Rolland Building Corporation not negligent in an incident in which a skid loader attachment fell on respondent Bradley Domagala's foot, resulting in the amputation of three toes. The court of appeals...
OPINION ANDERSON, PAUL H., Justice. Calvin Ferguson was convicted in Hennepin County District Court of first-degree premeditated murder for the death of Irene Burks. The court then sentenced Ferguson to life in prison without any possibility of release. Ferguson has appealed his conviction and raises eight separate issues. On appeal, Ferguson argues that (1) the district court abused its discretion by admitting hearsay evidence that "C.J." or "B.J." (Ferguson's street names) shot Burks; (2)...
OPINION MEYER, Justice. Appellant Erik Lerone Jeffries pled guilty to felony domestic assault and negotiated an agreement with the State in which Jeffries would receive a stayed sentence. The district court indicated at the plea hearing that it was accepting Jeffries' plea and that Jeffries was convicted. At a later date, the court told Jeffries it was "giving you your pleas back" and set the case for trial. Jeffries eventually reached another plea agreement with the State that resulted in a...
OPINION PAGE, Justice. Two questions are presented in this appeal: (1) whether the denial of a defendant's motion to dismiss an indictment for murder for lack of subject matter jurisdiction is immediately appealable as of right; and (2) the appropriate evidentiary standard to be applied to the question of a defendant's age on the date of the alleged offense. We conclude that the denial of a defendant's motion to dismiss an indictment for lack of subject matter jurisdiction is immediately...
ORDER MODIFYING OPINION Upon the court's own motion and based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. The last sentence of the first paragraph on page 10 of the slip opinion filed August 3, 2011, is modified to read as follows: " Gassler and Scott demonstrate that unless the newly discovered evidence would on its face prove the petitioner's innocence by a clear and convincing standard, the petitioner has not met the requirements of Minn. Stat....
OPINION ANDERSON, G. BARRY, Justice. The Stearns County District Court, following a bench trial, found Keonne Alexander Palmer guilty of first-degree premeditated murder, second-degree intentional murder, and possession of a firearm by a prohibited person, in the shooting death of Ernest Moss. The court sentenced Palmer to life in prison without the possibility of release based on the first-degree premeditated murder conviction. On appeal, Palmer argues that the evidence was insufficient to...
OPINION STRAS, Justice. This case presents the question of whether the respondents presented sufficient evidence to overcome the statutory presumption in favor of survivorship rights for joint accounts under the Minnesota Multiparty Accounts Act. See Minn.Stat. 524.6-201 to-214 (2010). Because Minn.Stat. 524.6-204(a) requires that the evidence offered to overcome the statutory presumption must "specifically refer[ ]" to the joint accounts at issue, we conclude that the respondents...
OPINION MEYER, Justice. William Allan Jacobs, charged with two counts of criminal sexual conduct, seeks removal for cause of the judge assigned to his case. Jacobs argues that cause for removal exists because the judge's spouse is an attorney with the county attorney's office that is prosecuting the case. The Fourth District Chief Judge denied Jacobs' motion to remove the judge, and the court of appeals denied a writ of prohibition. We affirm. The State charged William Allan Jacobs with two...
