UNPUBLISHED OPINION KLAPHAKE, Judge. In this appeal from the district court's decision to civilly commit him as a sexually dangerous person (SDP), appellant Harley Beverly Morris challenges the sufficiency of evidence to support his commitment, arguing that (1) his pimping behavior was not sexually motivated and did not constitute harmful sexual conduct; and (2) the district court erred by relying on evidence from a 1968 incident in which he allegedly aided and abetted a rape, because that...
UNPUBLISHED OPINION HALBROOKS, Judge. Appellant challenges the district court's grant of summary judgment to the manufacturer of a front-end loader that he purchased, arguing that the district court erroneously determined as a matter of law that (1) the manufacturer had no statutory duty to repair, replace, or refund the purchase price of the loader under Minnesota's lemon law, Minn. Stat. 325F.6653-.6654 (2010), and (2) oral statements purportedly made by an employee of the dealership at...
UNPUBLISHED OPINION STONEBURNER, Judge. Relator employer challenges the determination of an unemployment-law judge (ULJ) that respondent, a former employee, was discharged from employment for unsatisfactory performance rather than employment misconduct and is therefore eligible for unemployment benefits. Because the decision is not supported by substantial evidence in view of the entire record as submitted, we reverse. FACTS Respondent Cassandra Myers worked for relator Silver Tower Subs,...
UNPUBLISHED OPINION HUDSON, Judge. Appellants, judgment creditors of defendant property owner, challenge the district court's summary judgment concluding that their judgment liens were junior to respondent bank's mortgage when a partial release of that mortgage was erroneously recorded without an attachment denoting the portion of the land released. Because the district court erred by applying the doctrine of mutual mistake to the recording error and a genuine issue of material fact exists as...
UNPUBLISHED OPINION ROSS, Judge. To express his displeasure about the quality of officiating at his sixth-grade son's basketball game, Robin Johnson walked onto the court, yelled at a league commissioner, and then punched the commissioner in the face so forcefully that he dislocated his jaw, broke his teeth, and felled him, unconscious, in front of all the children and the other parents. Johnson landed his punch immediately after his son, inspired by Johnson's confrontation with the...
UNPUBLISHED OPINION COLLINS, Judge. * Relator Bella Kouznetsov challenges the termination of her Section 8 rent assistance, arguing that (1) respondent Metropolitan Council Housing and Redevelopment Authority (HRA) did not consider relevant evidence, thus the HRA abused its discretion in finding that she failed to report income in her Section 8 assistance applications, and (2) the HRA did not consider and weigh mitigating factors, thus the HRA acted arbitrarily and capriciously in...
UNPUBLISHED OPINION WORKE, Judge. Relator challenges respondent's decision to eliminate his position within the city's fire department, arguing that his employment was improperly terminated without cause or a hearing. We conclude that the decision of respondent's city manager to eliminate relator's position constituted the final decision triggering the 60-day period for relator to petition for a writ of certiorari. Because relator failed to petition during the applicable timeframe, we...
UNPUBLISHED OPINION BJORKMAN, Judge. Appellant challenges her two domestic-assault convictions, arguing that (1) the prosecutor committed multiple instances of misconduct, (2) the district court abused its discretion by admitting relationship evidence, (3) the district court plainly erred by failing to properly instruct the jury on relationship evidence, (4) the district court erred by failing to analyze on the record the impeachment use of appellant's prior convictions, and (5) the district...
UNPUBLISHED OPINION JOHNSON, Chief Judge. Francisco Juan Rosario was found guilty of possession of a pistol without a permit following a stipulated-evidence trial. On appeal, he argues that the district court erred by denying his motion to suppress evidence of the pistol, which sheriff's deputies found after an investigatory traffic stop expanded in scope and duration. We conclude that evidence of the pistol should have been suppressed because the search and seizure exceeded the original...
UNPUBLISHED OPINION ROSS, Judge. Andrew Lemcke's wife died from a single gunshot to the head fired while she and Lemcke were alone in their home. Lemcke claimed that his wife was threatening him with the gun and that it discharged accidentally as he struggled to disarm her. A jury convicted Lemcke of second-degree manslaughter. He argues on appeal that his conduct did not constitute negligence and that, because he never asserted that he intentionally killed his wife to save himself, the...
UNPUBLISHED OPINION JOHNSON, Chief Judge. The commissioner of public safety revoked Jordan Walsh's driver's license after he was arrested on suspicion of driving while impaired and refused to submit to chemical testing. Walsh challenged the revocation on the ground that his limited right to counsel had not been vindicated. The district court rejected Walsh's challenge and sustained the revocation. We affirm. FACTS In August 2010, Walsh was arrested in Roseau County on suspicion of driving...
UNPUBLISHED OPINION PETERSON, Judge. In this pretrial prosecution appeal, appellant state argues that the district court erred in granting respondent's motion to suppress evidence pursuant to Garrity v. New Jersey, 385 U.S. 493 , 87 S.Ct. 616 (1967), and dismissing the complaint. We reverse and remand. FACTS Minneapolis Police Department Inspector Eddie Frizell became aware of a $1,500 withdrawal from a checking account of the International Association of Women Police (IAWP) and believed...
UNPUBLISHED OPINION STONEBURNER, Judge. Appellants, a group of citizens and a land owner opposed to construction of a natural-gas-fired power plant, challenge dismissal of their declaratory judgment action seeking a declaration that a Development Agreement signed by the developer, county, and township is unlawful and unenforceable. We affirm. FACTS Appellant Concerned River Valley Citizens, Inc., is a Minnesota non-profit organization formed in 1995 to promote the development of the St....
UNPUBLISHED OPINION LARKIN, Judge. In this negligence action, appellant challenges the district court's grant of summary judgment to respondent, arguing that the district court erred in concluding that appellant primarily assumed the risk of injury. In a related appeal, respondent challenges the district court's conclusion that he owed appellant a duty of care as a landowner. Because respondent did not owe appellant a duty of care, we affirm. FACTS This appeal stems from appellant Robert M....
UNPUBLISHED OPINION WORKE, Judge. Appellants argue that the district court erred in granting summary judgment in favor of respondent by (1) prioritizing mortgage interests incorrectly, and (2) misinterpreting contract terms. We affirm. FACTS This case involves several properties owned by Pamiko Properties, LLC in Ramsey and Hennepin counties. Pamiko acquired property in Ramsey County through executing and delivering a mortgage to MCK Investments, LLC (MCK Mortgage) on January 17, 2008. The...
UNPUBLISHED OPINION STAUBER, Judge. On appeal from the dismissal of their medical-malpractice suit for failure to comply with the expert-identification requirements of Minn. Stat. 145.682 (2010), appellants argue that the district court erred by determining that (1) expert testimony was necessary in this case; (2) the expert-identification affidavit was untimely when it was deposited in the U.S. Mail on the due date but not postmarked until the following day; and (3) the affidavit was...
UNPUBLISHED OPINION BJORKMAN, Judge. Appellant BMW of North America, LLC challenges the judgment awarding respondent-lessee Marie Delores Green a full refund of her lease payments and attorney fees and costs on her lemon-law and warranty claims. BMW argues that the district court erred in (1) concluding that Green is a "consumer" within the meaning of the lemon law, (2) finding that Green's vehicle has a defect or condition that substantially impairs its use or market value, and (3) finding...
UNPUBLISHED OPINION SCHELLHAS, Judge. In this postconviction appeal, appellant seeks relief from an order denying his motion to discontinue the requirement that he register as a predatory offender and to review his risk-level classification. He also asserts an ineffective-assistance-of-counsel claim. We affirm. FACTS In 2004, a jury found appellant Dennis Pearson guilty of one count of fourth-degree criminal sexual conduct, two counts of fifth-degree criminal sexual conduct, and one count...
UNPUBLISHED OPINION STONEBURNER, Judge. Appellant garnishee challenges (1) a January 24, 2011 order prohibiting the Anoka County Court Administrator from accepting any pleadings or filings from appellant in the respondent garnishor's lawsuit against the judgment debtor absent prior written judicial authorization; (2) judgment entered on February 2, 2011 pursuant to a January 31, 2011 order for entry of judgment against appellant; and (3) a March 8, 2011 order denying permission for garnishee...
UNPUBLISHED OPINION KALITOWSKI, Judge. Appellants Thomas and Katherine Tollefsrud and other individuals are members of a group informally known as Maranatha. Appellants challenge the district court's grant of summary judgment to respondents, former members of Maranatha, Karl and Suzanne Solum, arguing that the district court erred by (1) concluding that respondents have a right to a statutory buyout of a partnership interest in Maranatha's logging business; (2) ruling that respondents own a...
