Supreme Court Opinions


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PREVIOUSLY PUBLISHED OPINIONS

Please visit the Minnesota State Law Library's Appellate Opinions Archive for previously published Supreme Court Opinions.

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OPINIONS OF THE SUPREME COURT

FILED Wednesday, April 26, 2017

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



A15-1058        State of Minnesota, Respondent, vs. Ralph Joseph Boecker, Appellant.
                         Court of Appeals.
            The plain language of Minnesota Statutes section 169A.24, subdivision 1(3) (2016), authorizes the use of a 1998 felony conviction of criminal vehicular operation under Minnesota Statutes section 609.21, subdivision 2a (1996), to enhance a conviction of driving while impaired to a first-degree offense. 
            Affirmed.  Justice Margaret H. Chutich.
            Dissenting, Justices David R. Stras and Natalie E. Hudson.



A16-1385        State of Minnesota, Respondent, vs. Eddie Matthew Mosley, Appellant.
                         Hennepin County.
            1.   The postconviction court did not abuse its discretion by summarily denying appellant’s request for a new trial based on newly discovered evidence because even if the facts alleged in the petition were proven by a fair preponderance of the evidence, appellant failed to satisfy the requirements of Rainer v. State, 566 N.W.2d 692 (Minn. 1997).
            2.   The postconviction court did not abuse its discretion by summarily denying appellant’s claims that his trial counsel and appellate counsel provided ineffective assistance because even if the facts alleged in the petition were proven by a fair preponderance of the evidence, appellant failed to satisfy the requirements of Strickland v. Washington, 466 U.S. 668 (1984).
            Affirmed.  Justice Anne K. McKeig.

 
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ORDERS ON PETITIONS FOR FURTHER REVIEW

FILED Wednesday, April 26, 2017


(Petitioner indicated in Italic Type)


1.      State of Minnesota vs. Tchad Tu Henderson – A16-0575 – Granted
2.      State of Minnesota vs. Joshua David Donson – A16-0306 – Denied
3.      In the Matter of the Wetland Conservation Act appeal filed by William T. Fisher of a no-loss decision, located in Section 5, T.119N, R.24W,
         Rockford Township, Wright County – A16-0380 – Denied
4.      State of Minnesota vs. Erik John Heinonen – A16-0229 – Granted
5.      James Linn, et al. vs. BCBSM, Inc. – A16-0986 – Granted
6.      Pamela Annette Bowman vs. James John Wieczorek – A16-0458 – Denied
7.      In re:  Application for an Order for Inspection of David Berglund and Lake View Natural Dairy, 140 County Road 56, Grand Marais,
          MN 55604 – A16-0820 – Denied
8.      State of Minnesota vs. Robert Todd Ferguson – A16-0469 – Denied
9.      Troy K. Scheffler vs. City of Anoka, et al., City of Coon Rapids, et al., Hicken, Scott, Howard & Anderson, P. A., et al. – A16-0252 – Denied
10.    State of Minnesota vs. Bashir Abdullahi Farah – A16-0604 – Denied
11.    State of Minnesota vs. Taeng Yang – A16-0233 – Denied
12.    State of Minnesota vs. Cory Anthony Klingelhoets – A16-0668 – Denied
13.    Jane Doe, et al. vs. Kmart Corporation, et al. – A16-0465 – Denied
14.    State of Minnesota vs. Catherine Nyree McCabe – A16-1024 – Denied
15.    State of Minnesota vs. Edward Antonio Zappa – A16-0680 – Denied
16.    State of Minnesota vs. Noor Muhina Salim – A16-0294 – Denied
17.    Alejandro Cruz-Guzman, as guardian and next friend of his minor children, et al. vs. State of Minnesota, et al., Higher Ground Academy, et al.,
         Intervenors – A16‑1265 – Granted
18.    State of Minnesota vs. Kyle Jon Wilczek – A16-1247 – Denied
19.    Carol Jansen vs. State Farm Mutual Automobile Insurance Company – A16-0916 – Denied
20.    State of Minnesota vs. Jacob Michael McKinley – A16-0265 – Denied
21.    Vincent Rosetta vs. Quality Bicycle Products, Inc., Department of Employment and Economic Development – A16-0959 – Denied
22.    Tony Dejuan Jackson vs. State of Minnesota – A16-0685 – Denied
23.    Honorable Galen J. Vaa vs. State of Minnesota, et al. – A17-0489 – Denied