UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). KLAPHAKE , Judge . * Appellant Ryan Alan Peterson challenges the district court's denial of his pretrial motion to suppress evidence obtained by an allegedly illegal entry, arrest, and search. After stipulating to the state's case under Minn. R. Crim. P. 26.01, subd. 4, the district court found Peterson guilty of fifth-degree possession of a controlled...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). CONNOLLY , Judge . Appellant-husband, a judgment debtor, argues that the district court abused its discretion by denying his motion for amended findings in regard to appellant's motion for contempt, fraud, and triple damages and respondent's motion to vacate the full satisfaction of judgment filed by appellant and by granting respondent's motion for...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). RODENBERG , Judge . Following a court trial on stipulated facts, appellant and cross-respondent Dewey Hill III Townhomes Association Inc. argues that the district court erred in determining the date from which preaward interest should be calculated under Minn. Stat. 549.09 (2018) and Minnesota caselaw. Respondent and cross-appellant Auto-Owners...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). JOHN SMITH , Judge . * We reverse the district court's dismissal of appellant's complaint because the complaint under rule 12.02(e) states a claim for which relief may be granted for conversion and civil theft. We remand for further proceedings consistent with this opinion. FACTS Appellant William Miller sued respondent Public Storage in June 2018 for...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). JESSON , Judge . After being convicted of second-degree murder, appellant Johnny Earl Edwards was ordered to pay restitution, including $1,509.30 for the cost of a unit used to store the victim's belongings. Edwards appeals, arguing that the storage costs were not a direct result of the conduct for which he was convicted, and that, in any event, the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). BJORKMAN , Judge . Appellant, next-of-kin of a passenger killed in a head-on motor-vehicle collision, challenges summary judgment dismissing negligence claims against the driver of the other vehicle and the State of Minnesota. Because appellant did not produce competent evidence of the other driver's negligence and because the state is statutorily immune...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018) JOHN SMITH , Judge . * We affirm the dismissal of appellant's complaint for failure to state a claim for which relief can be granted, because there are no facts alleged in the complaint which would support granting appellant's requested relief. FACTS In 2012, appellant Aaron Jude Schnagl filed paperwork to create Good Guys Companies (Good Guys). Schnagl...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). COCHRAN , Judge . Appellant Michael Opeoluwa Adebayo filed a petition for postconviction relief, asserting that his plea was invalid. On appeal, Adebayo challenges the postconviction court's decision to deny his petition without holding an evidentiary hearing. Because Adebayo failed to allege facts in his petition that, if true, would entitle him to...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). FLOREY , Judge . A jury convicted appellant of felony kidnapping, felony false imprisonment, and misdemeanor violation of a domestic-abuse-no-contact order (DANCO). The district court formally adjudicated the kidnapping conviction; the other convictions were deemed lesser-included offenses. In this appeal, appellant seeks a new trial. He argues that his...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). REILLY , Judge . Appellant challenges the district court's denial of his downward dispositional-departure motion. Because the district court did not abuse its discretion, we affirm. FACTS Appellant Steven Wayne Culver married K.O. in 2004 and shortly thereafter adopted K.O.'s young child from a previous relationship, Z.C. After Culver and K.O. divorced...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). WORKE , Judge . Appellant-mother challenges the district court's grant of respondent-father's motion to reduce his child-support obligation, arguing that father failed to show a substantial change in circumstances that rendered the existing obligation unreasonable and unfair, and that the district court erred by failing to address mother's discovery...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). CONNOLLY , Judge . Appellant challenges his convictions for aiding and abetting first-degree criminal sexual conduct, arguing that the state failed to present sufficient evidence that he intentionally aided his codefendants in committing the offenses. Because the evidence is sufficient to prove that appellant did intentionally aid his codefendants, we...
OPINION ROSS , Judge . Minneapolis police obtained a warrant to search Tyler Dexter's home based on a tip from a "confidential reliable informant" that contraband was inside. The warrant application included no detail indicating how the informant came to observe the inside of the home. Dexter moved to suppress evidence found in the search on the theory that the informant may have been a police agent who unconstitutionally gathered the information by, for example, entering the home without...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). STAUBER , Judge * . In this appeal from a judgment of conviction, appellant challenges the district court's pretrial rulings, arguing that the provision governing the calculation of prior qualified driving incidents under the felony driving-while-intoxicated statute is unconstitutionally vague and the rule of lenity should apply to resolve any ambiguity....
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). LARKIN , Judge . On appeal from his conviction of first-degree aggravated robbery, appellant challenges the district court's denial of his request for substitute counsel, arguing that the request was timely and supported by exceptional circumstances. Appellant also makes several pro se arguments. We affirm. FACTS Respondent State of Minnesota charged...
UNPUBLISHED OPINION This opinion will be unpublished and May not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). JOHNSON , Judge . Bounlieng Moon Chaokhio pleaded guilty to first-degree criminal sexual conduct, admitting that he sexually abused his step-granddaughter during a period of more than three years. Before sentencing, he moved to withdraw his guilty plea, claiming that his attorney had pressured him to plead guilty and had misinformed him of the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). ROSS , Judge . Police executed a no-knock search warrant on Brady Veselka's house after a confidential reliable informant told a BCA agent that he saw methamphetamine and drug paraphernalia inside. Because the informant's tip provided the district court probable cause to issue the warrant and reasonable suspicion to authorize a no-knock entry, we affirm....
OPINION JOHNSON , Judge . This appeal arises from a judgment that was entered after the filing of a confession of judgment that was executed more than four years earlier. The two parties who had executed the confession of judgment moved to vacate the judgment on the ground that the confession of judgment was filed after the statute of limitations had expired. The district court denied the motion after applying the four-part test stated in Finden v. Klass, 268 Minn. 268 , 128 N.W.2d 748...
OPINION FLOREY , Judge . In this certiorari appeal, relators Large Power Intervenors (the LPIs) 1 challenge a final order in rate proceedings initiated by respondent Minnesota Power. The LPIs argue that the Minnesota Public Utilities Commission (the commission) violated the plain language of Minn. Stat. 216B.1696 by excluding approximately $15.5 million of additional sales revenue from Minnesota Power's 2016 general-rate case. The commission had determined, in a different docket...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2018). BJORKMAN , Judge . Appellant challenges his controlled-substance conviction, arguing that the district court erred by denying his motion to suppress evidence discovered during the warrantless search of the vehicle he was driving. We affirm. FACTS During the summer of 2015, agents of the Ramsey County Violent Crime Task Force received reports from a...
