UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). MINGE , Judge . In this appeal seeking to withdraw his guilty plea, appellant Sulaiman Sharif Maye argues that the plea was invalid because the facts were established only by conclusory leading questions and the factual basis was, therefore, insufficient to support his conviction for felony domestic assault. Because the factual basis was insufficient to...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). LARKIN , Judge . Appellant challenges the district court's summary-judgment dismissal of her lawsuit against respondent insurer, in which appellant attempted to collect a judgment against respondent's insured from respondent. Appellant argues that the district court erroneously concluded that coverage was precluded under an intentional-act exclusion in...
OPINION RODENBERG , Judge . Appellants State of Minnesota and Department of Human Services (DHS) appeal from the district court's grant of respondent J.T.L.'s motion for expungement of his juvenile criminal-sexual-conduct adjudication. Because we determine that the district court erred by failing to making findings on the record analyzing the factors set forth in Minn.Stat. 260B.198, subd. 6(b), we remand for findings of fact concerning those statutory factors. FACTS On June 7, 2001,...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). KIRK , Judge . The commissioner of public safety revoked appellant's driver's license after he was arrested for driving while impaired and a urine test showed that his alcohol concentration exceeded 0.08. Appellant sought judicial review of the commissioner's revocation. The district court denied his petition to rescind the revocation, finding that...
OPINION SMITH , Judge . Appellant challenges his conviction of second-degree test refusal following his refusal to submit to a blood or urine test. We conclude that conducting a warrantless blood or urine test would not have been constitutional under an exception to the warrant requirement, charging appellant with criminal test refusal implicates his fundamental right to be free from unconstitutional searches, and the test-refusal statute as applied to warrantless blood and urine tests is...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). SMITH , Judge . We affirm appellant's conviction of assisting suicide because the complaint did not violate appellant's Sixth Amendment rights, the proceeding on remand did not violate the Double Jeopardy Clause, the district court did not abuse its discretion by denying appellant's motion to withdraw his jury-trial waiver, and the evidence is sufficient...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). KIRK , Judge . On appeal in this spousal-maintenance dispute, appellant argues that the district court (1) overstated his income; (2) improperly considered his current wife's income in calculating his income available to pay spousal maintenance; (3) erred in denying his motion for a new trial on the basis that his 2013 tax returns were newly discovered...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). MINGE , Judge . Appellant borrower challenges the district court's summary judgment in favor of respondent mortgage servicer, arguing that she demonstrated the existence of material factual issues on her claims that respondent violated Minn. Stat. 58.13 and 582.043 (2014). She also challenges the district court's denial of the motion to amend her...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). SMITH , Judge . We affirm the district court's custody determination because the district court did not abuse its discretion in awarding sole physical custody to respondent. We also affirm the district court's denial of appellant's motion for a new trial because the district court did not abuse its discretion when it limited the testimony of appellant's...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). ROSS , Judge . After fire destroyed Carpenter's Steak House and Integrity Mutual Insurance Company denied business-income coverage, a jury found that the insurer breached the insurance policy and the district court rejected the restaurant's statutory bad-faith denial-of-benefits cost-recovery claim under Minnesota Statutes section 604.18 (2014). The...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). BJORKMAN , Judge . On appeal from his conviction of third-degree criminal sexual conduct, appellant argues that the district court erred by denying his presentence motion to withdraw his guilty plea, and that his plea is invalid because it was not supported by a sufficient factual basis. We affirm. FACTS Respondent State of Minnesota charged appellant...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). CLEARY , Chief Judge . On appeal from his conviction of second-degree felony murder, appellant Christopher Dennis Peterson argues that the district court erred in imposing a 480-month sentence, an upward durational departure almost twice the presumptive sentence. Because the district court did not err when it identified three aggravating factors as proper...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). LARKIN , Judge . Relator care-provider challenges respondent commissioner's maltreatment determination. Because the determination is the result of reasoned decision-making and supported by substantial evidence, we affirm. FACTS Relator Tami L. Kreuzer is licensed to provide adult foster care and residential habilitation services. In July 2013, the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). WILLIS , Judge . Appellant state seeks reversal of a pretrial order suppressing respondent's confession on the ground that the Miranda warning given omitted any notice that an attorney could be appointed for Sinkfield at no cost to him if he could not afford one and if he so desired. The state argues that the suppression order will have a critical...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). LARKIN , Judge . Appellant challenges the district court's order revoking his probation. We affirm. FACTS In November 2012, appellant Cedric Demon Pate pleaded guilty to first-degree criminal sexual conduct involving his 11-year-old niece. The district court granted a downward dispositional sentencing departure, stayed execution of a 187-month prison...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). SCHELLHAS , Judge . Appellant challenges his conviction of first-degree criminal sexual conduct, arguing that he is entitled to a new trial due to the admission of testimony from unsworn witnesses, erroneous evidentiary rulings, and prosecutorial misconduct. Appellant also challenges his upward durational sentencing departure. We affirm. FACTS Appellant...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). LARKIN , Judge . On remand from the Minnesota Supreme Court, appellant argues that the cumulative effect of several trial errors denied him a fair trial and that his resulting convictions should therefore be reversed. Because the errors are not egregious compared to those in the relevant supreme court cases, and because the evidence supporting appellant's...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). CHUTICH , Judge . R.A.G. appeals a district court order revoking his extended-jurisdiction juvenile probation and executing his adult sentence. He argues that the district court abused its discretion because its decision to revoke was not supported by clear-and-convincing evidence. Because we conclude that the district court's decision is well-supported...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). LARKIN , Judge . Appellant challenges the district court's denial of his application to proceed in forma pauperis and his accompanying petition for a writ of habeas corpus. We affirm. FACTS Appellant Jerry Duwenhoegger, Sr. was convicted of two counts of conspiracy to commit first-degree murder and sentenced to consecutive prison terms of 190 and 180...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). HARTEN , Judge . Appellants, a city and its employee, challenge the district court's denial of their motion for summary judgment dismissing the personal-injury claims arising out of the collision of a city snow plow with respondent's van, based on the district court's conclusions that summary judgment is precluded by genuine issues of material fact and...
