Free Minnesota Supreme Court case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Minnesota Supreme Court April 2, 2020 |
|
|
Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Oldest Republican Pander in the Book: “Do It for Our Children and Grandchildren” | NEIL H. BUCHANAN | | UF Levin College of Law professor and economist Neil H. Buchanan reacts to a comment by Texas Lieutenant Governor Dan Patrick that older people should be “willing to take a chance on [their] survival in exchange for keeping the America that all America loves for [their] children and grandchildren.” Buchanan points out that Patrick’s suggestion has been rightly mocked but that it is not usual for Republicans to claim, hypocritically, that older people should make sacrifices for younger generations. | Read More |
|
Minnesota Supreme Court Opinions | State v. Culver | Docket: A17-1968 Opinion Date: April 1, 2020 Judge: G. Barry Anderson Areas of Law: Criminal Law, Family Law | The Supreme Court reversed the decision of the court of appeals reversing Defendant's conviction of felony deprivation of parenting rights in violation of Minn. Stat. 609.26, subd. 1(3) on the grounds that the evidence was insufficient because the circumstances proved supported a reasonable inference that Defendant did not have a subject intent to substantially deprive her child's father of parenting time, holding that the court of appeals erred when it concluded that the State presented insufficient evidence to support the conviction. Implicit in the court of appeals' analysis was an assumption that section 609.26, subd. 1(3) required the State to prove that Defendant had the subjective intent substantially to deprive the father of his parental rights. The Supreme Court reversed, holding (1) section 609.26, subd. 1(3) establishes an objective standard that focuses on the nature of the defendant's action; and (2) the only reasonable inference that can be drawn from the circumstances proved here was that Defendant's actions, viewed objectively, manifested an intent substantially to deprive the child's father of court-ordered parenting time. | | State v. Martin | Docket: A18-0893 Opinion Date: April 1, 2020 Judge: Thissen Areas of Law: Criminal Law | The Supreme Court reversed the decision of the court of appeals affirming Defendant's conviction for failure to register as a predatory offender, holding that Defendant's 1992 California conviction for sexual battery did not require him to register as a predatory offender under Minn. Stat. 234.166, subd. 1b(b). When Defendant was incarcerated in Minnesota, prison officials informed him that he was required to register as a predatory offender because of his 1992 California conviction. Because Defendant did not register in the fall of 2016 the State charged him with failing to register as a predatory offender. The district court found Defendant guilty. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant's California criminal sexual battery conviction was not an offense requiring registration in Minnesota because California's criminal sexual battery could be proven without proving a violation of Minnesota's fourth-degree criminal sexual conduct by force or coercion. | | Medline Industries, Inc. v. County of Hennepin | Docket: A19-1420 Opinion Date: April 1, 2020 Judge: David L. Lillehaug Areas of Law: Real Estate & Property Law, Tax Law | The Supreme Court affirmed the judgment of the tax court concluding that the market value of a distribution-warehouse property in Rogers, Minnesota was $15,638,000 as of January 2, 2014 and $15,597,000 as of January 2, 2015, holding that the tax court did not err in any of the ways asserted by Medline Industries. Specifically, the Supreme Court held that the tax court (1) did not err by crediting some of the county appraiser's opinions despite rejecting his opinion about the highest and best use of the property as a multi-tenant facility; (2) did not clearly err in the sales-comparison approach by relying on four comparable sales other than the May 2017 of a former Walgreens distribution center; (3) did not err in its income approach analysis; and (4) did not err in relying on the cost approach. | |
|
About Justia Opinion Summaries | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | Justia also provides weekly practice area newsletters in 63 different practice areas. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|
|