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Beginning no later than July 1, 2011, the appellate courts will send notices, orders, opinions and correspondence related to pending cases to attorneys in those cases by e-mail rather than postal mail.  All attorneys with pending appellate cases who have not already registered an e-mail address should do so immediately.  Unrepresented parties with pending appellate cases may also participate in this e-notification system by registering an e-mail address.  Please go to http://www.mncourts.gov/?page=156 for instructions how to register your e-mail address. 

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OPINIONS OF THE SUPREME COURT

FILED WEDNESDAY, MAY 22, 2013

NOTICE - MEDIA RELEASE TIME IS 10:00 A.M. 

   

 

A11-1285       State of Minnesota, Appellant, vs. M.D.T., Respondent.
                     Court of Appeals.
           The district court exceeded the scope of its inherent authority to expunge the respondent’s criminal records held in the executive branch because expungement is not necessary to the performance of a unique judicial function. 
           Reversed in part.   Chief Justice Lorie S. Gildea.
           Concurring, Justice David R. Stras
           Dissenting, Justices Paul H. Anderson and Alan C. Page.



A11-2178       Jaime Rasmussen, et al., Respondents/Cross-Appellants, vs. Two Harbors Fish Company d/b/a 
                     Lou’s Fish House, et al., Appellants.
                     Court of Appeals.
           1.   That sexually explicit behavior was directed at men as well as women is not relevant to a determination of whether plaintiffs proved a claim for hostile work environment sexual harassment under the Minnesota Human Rights Act, Minn. Stat. § 363A.03, subd. 43(3) (2012).
           2.   A plaintiff may prove a claim for hostile work environment sexual harassment under the Minnesota Human Rights Act, Minn. Stat. § 363A.03, subd. 43(3), without proving loss of pay or other employment benefits.
           3.   An individual and sole owner of an employer whose conduct subjects the employer to vicarious liability for hostile work environment sexual harassment claims cannot be individually liable as an aider and abettor under the Minnesota Human Rights Act, Minn. Stat. § 363A.14(1) (2012).
           Affirmed in part, reversed in part, and remanded.  Chief Justice Lorie S. Gildea.
           Concurring in part, dissenting in part, Justices Wilhelmina M. Wright and Alan C. Page.
           Concurring in part, dissenting in part, Justices Paul H. Anderson and Alan C. Page.


A11-1925       Marine Credit Union, Respondent, vs. Anne K. Detlefson-Delano, Appellant; Jack Antonio,
                     Respondent.
                     Court of Appeals.
           Any conveyance of the homestead to a third party pursuant to Minn. Stat. § 507.02 (2012) requires the signature of both spouses unless (1) a statutory exception to the signature requirement in section 507.02 applies or (2) one spouse has explicitly waived his or her rights under the homestead statute.
           Reversed.  Justice Alan C. Page.


A12-1342       Kevin W. Harbaugh, Relator, vs. Commissioner of Revenue, Respondent.
                     Tax Court.
           The common law mailbox rule, which creates a rebuttable presumption that items sent through the United States Postal Service arrive in an ordinary amount of time, is not applicable to the statutorily set deadlines for the timely filing of appeals with the Minnesota Tax Court.
           The date that is determinative for ascertaining when an appeal has arrived at the tax court is the date that the notice of appeal actually arrives at the court.
           Taxpayer failed to present any direct evidence that his notice of appeal was timely filed with the tax court and, therefore, the court did not err when it dismissed taxpayer’s appeal for lack of subject matter jurisdiction.
           Affirmed.  Justice Paul H. Anderson.
           Dissenting, Justices David R. Stras and Christopher J. Dietzen.


A11-1146       In the Matter of the Welfare of:  J. J. P.
                     Court of Appeals.
           1.   Under Minn. Stat. § 260B.198, subd. 6 (2012), the district court is authorized to expunge from executive branch files the court order adjudicating the juvenile delinquent when the district court deems it advisable.
           2.   The authority of the district court under section 260B.198, subdivision 6 to expunge the order adjudicating a juvenile delinquent in executive branch files does not usurp or diminish the power of the Department of Human Services to conduct background checks of individuals adjudicated delinquent, and therefore does not violate the separation of powers.
           3.   Under section 260B.198, subdivision 6, the district court’s discretion should be guided by a balancing test that examines whether expungement of the order adjudicating the juvenile delinquent would yield a benefit to the petitioner that outweighs the detriment to the public in sealing the record and the burden on the court in issuing, enforcing, and monitoring the expungement order.
           Affirmed in part, reversed in part, and remanded.  Justice Christopher J. Dietzen.
           Concurring, Justices Paul H. Anderson and Alan C. Page.
           Concurring, Justice Wilhelmina M. Wright.

A11-1041       State of Minnesota, Respondent, vs. Sharon Karen Wilson, Appellant.
                     Court of Appeals.
           1.   The offense of fleeing a peace officer by means other than a motor vehicle, as defined by Minn. Stat. § 609.487, subd. 6 (2012), is a specific-intent crime.
           2.   When determining whether a defendant is entitled to a voluntary intoxication jury instruction, the evidence is viewed in a light most favorable to the defendant.
           3.   The district court’s failure to give a voluntary intoxication jury instruction was harmless beyond a reasonable doubt.
           Affirmed.  Justice Wilhelmina M. Wright.
           Concurring in part, dissenting in part, Justices Paul H. Anderson and Alan C. Page.


A12-0873       Ronald L. Schober, Relator, vs. Commissioner of Revenue.
                     Tax Court.
           1.   The Minnesota Tax Court has jurisdiction over an appeal from a letter of the Commissioner of Revenue denying a taxpayer’s claim for a refund of sales tax due to untimeliness. 
           2.   A taxpayer may not receive a refund of taxes owed, but not paid, to the State.
           3.   When a taxpayer’s tax liability has been finally adjudicated in a prior action, the taxpayer’s subsequent challenge based on the same claim is barred by res judicata.
           4.   The tax court did not abuse its discretion by denying the taxpayer’s motion to amend his notice of appeal based on a claim barred by res judicata. 
           Affirmed in part, reversed in part.  Justice Wilhelmina M. Wright.
           Dissenting, Justices David R. Stras and Christopher J. Dietzen.


A11-2038       In re Petition for Disciplinary Action against Barry V. Voss, a Minnesota Attorney, Registration
                     No. 113293.
                     Supreme Court.
           Disbarment is the appropriate discipline for an attorney who misappropriated client funds, misused his trust account, neglected client matters, failed to timely file and pay employer withholding taxes and pay a law-related judgment against him, and failed to cooperate with the disciplinary investigation. 
           Per Curiam.


A12-2286       Stephen W. Carlson, an individual, eligible, registered voter and nominee for U.S. House of 
                     Representatives, CD4-MN on Nov. 6, 2012, ballot, Petitioner, vs. Mark Ritchie, an individual
                     and in his official capacity as Minnesota Secretary of State; Elena L. Ostby, an individual and
                     in her official capacity as Ramsey County District Court Judge; Mary Jurek, an individual and
                     in her official capacity as Ramsey County Deputy Court Administrator; Minnesota State
                     Canvassing Board; Minnesota DFL Party; Betty McCollum, Minnesota DFL candidate and nominee 
                     for CD4 U.S. House of Representatives, Respondents.
                     Supreme Court.
           1.   Laches bars claims that petitioner was aware of before the 2012 general election but failed to assert until after that election. 
           2.   A claim that the district court wrongfully refused to accept an election contest does not fall within the scope of Minn. Stat. § 204B.44 (2012).
           Petition denied.  Per Curiam.
           Took no part, Justices Paul H. Anderson, Christopher J. Dietzen and David R. Stras.
           Acting Justice, Judge Jill Flaskamp Halbrooks.*

 
ORDERS

A11-0224       In re Petition for Disciplinary Action against Terry M. Fitzpatrick Walcott, a Minnesota Attorney,
                     Registration No. 213688.
                     Supreme Court.
           Disbarred.  Justice Alan C. Page.


A13-0633       In re Petition for Disciplinary Action against Matthew David McCollister, a Minnesota Attorney, 
                     Registration No. 390048.
                     Supreme Court.
           Suspended.  Justice Alan C. Page.


A13-0657       In re Petition for Disciplinary Action against Jordan Edward Gall, a Minnesota Attorney,
                     Registration No. 391744.
                     Supreme Court.
           Publicly reprimanded and placed on disciplinary probation for 2 years.

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