UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). JOHN SMITH , Judge . We affirm the district court's termination of appellant-mother's parental rights because the district court did not abuse its discretion in finding that there was clear and convincing evidence that appellant-mother is palpably unfit to be a parent to the parent-and-child relationship and termination is in the child's best interests....
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014) TRACY M. SMITH , Judge . Appellant-husband Kraig Rucker challenges an Olmsted County District Court's judgment in the marriage-dissolution proceeding between appellant and respondent-wife Kathleen Rucker. Appellant argues on appeal that the district court (1) abused its discretion by granting sole physical and sole legal custody of the parties' children to...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STAUBER , Judge . On appeal from an order denying his petition to expunge records after he was acquitted of first-degree criminal sexual conduct, appellant argues that (1) the district court erred by considering the 12 factors set forth in Minn. Stat. 609A.03, subd. 5(c) (2014), in determining whether to grant the expungement petition and (2) even if...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). HOOTEN , Judge . In this appeal by the state, the state challenges the district court's grant of a new trial to the respondent defendant after a jury found him guilty of patronage of a prostitute in a public place. Because we conclude that the state is not entitled to appeal as of right from the order granting a new trial, we dismiss the appeal. FACTS...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn.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 refusal to expunge records held by the Minnesota Department of Human Services (DHS) and the Minnesota Department of Health (MDH). Appellant argues that the district court did not make sufficiently individualized findings and in effect exempted the DHS and the MDH from application of the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). REYES , Judge . Appellant argues that the district court's restitution order failed to address his argument that restitution should be offset by debts owed to him and that the district court did not select between alternative award amounts for three victims. Because we conclude that restitution cannot be offset by debts owed but that the district court...
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 . After entering a guilty plea contingent on a non-prosecution agreement that did not materialize, appellant declined an opportunity to withdraw her plea and proceeded to sentencing. Appellant challenges the district court's refusal to enforce specific performance of the original plea agreement and the district court's failure to appoint...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). RODENBERG , Judge . Appellant Linda E. Walsh challenges the district court's dismissal of her legal-malpractice and breach-of-fiduciary-duty claims against Fluegel, Anderson, McLaughlin & Brutlag, Chartered (FAMB), and Warrenn C. Anderson (collectively respondents). We affirm. FACTS After 45 years of marriage to Richard Walsh, appellant initiated...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). REILLY , Judge . Appellant challenges his conviction of fifth-degree possession of a controlled substance, arguing that the district court erred by denying his motion to suppress evidence discovered during a search of his home. Because we determine that the plain-view exception to the search warrant requirement applies, we affirm. FACTS The state...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). HALBROOKS , Judge . Appellant challenges the district court's denial of his petition for postconviction relief, arguing that he is entitled to an evidentiary hearing on the grounds of newly discovered evidence and ineffective assistance of counsel. Appellant also contends that the district court erred by determining that the jury's guilty verdicts of...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). RODENBERG , Judge . On appeal from his conviction of aiding and abetting burglary in the second degree, appellant Justin Thomas Keodouangdy challenges the validity of the search warrants authorizing the search of a cell phone, residence, and SUV. Appellant also argues that he is entitled to a new trial because the district court plainly erred by failing...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). REYES , Judge . On appeal from his conviction of aiding and abetting first-degree aggravated robbery, appellant argues that the district court committed reversible error in instructing the jury and abused its discretion by denying his motion for a downward dispositional departure. We affirm. FACTS One night in February 2015, appellant Kim Ronnie...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). REYES , Judge . Appellant challenges his convictions of first-degree aggravated robbery, felon-in-possession of a firearm, and fifth-degree possession of a controlled substance. He argues that (1) the district court erred in denying his motion to suppress physical evidence; (2) the district court committed reversible error in admitting Spreigl evidence...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). HALBROOKS , Judge . Appellant Nathan James Sands challenges the district court's order issuing new purge conditions on its contempt order and awarding attorney fees to respondent Sue Mae Lovick, arguing that the order contains inadequate findings and that the district court improperly imputed his income. Lovick moves this court for conduct-based attorney...
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 postconviction court's summary denial of his petition for relief, arguing that his trial attorney provided ineffective assistance of counsel by failing to subject the state's case to meaningful adversarial testing. Appellant raises additional issues in a supplemental pro se brief. We affirm. FACTS On May 4, 2014,...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STAUBER , Judge . On appeal from his conviction of second-degree sale of drugs, and from the order denying his postconviction petition, following a stay and remand, appellant argues that the district court abused its discretion by (1) denying him an evidentiary hearing to show that he received ineffective assistance of counsel due to his trial attorney's...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). BRATVOLD , Judge . Appellant challenges the district court's denial of his petition for postconviction relief, which sought to overturn his convictions for criminal vehicular operation and the sentence imposed. Appellant argues that his guilty plea was unintelligent, his trial counsel was ineffective, and the district court improperly imposed a sentence...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). JOHN SMITH , Judge . We affirm the district court's grant of summary judgment because claims of negligence involving a snowplow operator's recruitment of a passerby to assist with ice removal are barred by official immunity and vicarious official immunity. FACTS Respondent Wayne Kendall was employed by respondent Garden City Township (township) and as a...
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 . Appellant challenges the district court order sustaining the revocation of his driver's license, arguing the implied-consent advisory he received was inaccurate and violated his right to due process. We agree and reverse. FACTS On August 23, 2015, at approximately 1:30 a.m., Brownton Police Officer Larry Warzecha was driving westbound...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STAUBER , Judge . On appeal from the district court's order sustaining the revocation of his driving privileges for failing a breath test, appellant argues that the district court erred by refusing to suppress evidence of the test because appellant's substantive due-process rights were violated when appellant was required to provide a sample greater than...
