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OPINIONS OF THE SUPREME COURT
FILED WEDNESDAY, OCTOBER 22, 2014
NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.
A12-0993 State of Minnesota, Respondent, vs. Dylan Micheal Kelley, Appellant.
Court of Appeals.
1. Under the plain-error doctrine, the law in existence at the time of appellate review, not the law in existence at the time of the district court’s error, is applied to determine whether an error is plain.
2. The instruction given to the jury by the district court on accomplice liability was plainly erroneous at the time of appellate review.
3. The plainly erroneous jury instruction did not affect appellant’s substantial rights; therefore, appellant is not entitled to a new trial.
Affirmed as modified. Justice Christopher J. Dietzen.
Concurring, Justice David R. Stras.
A13-0186 Jacky L. Larson, Appellant, vs. The Northwestern Mutual Life Insurance Company,
Respondent, CMInformation Specialists, Inc., Respondent.
Court of Appeals.
1. To rescind a life insurance policy under Minn. Stat. § 61A.11 (2012) for “willfully false or intentionally misleading” answers in the insurance application, an insurer must prove that the insured intended to deceive the insurer. The insured’s subjective intent may be established either by proof of the insured’s actual intent to deceive or by inference when the insured had knowledge of material facts and failed to disclose those facts to the insurer.
2. A patient does not have a private right of action under Minn. Stat. § 144.298, subd. 2 (2012), when a person releases fewer medical records than authorized by the patient’s consent.
Affirmed in part, reversed in part, and remanded. Justice Wilhelmina M. Wright.
A13-0997 State of Minnesota, Respondent, vs. Jose Arriaga Soto, Jr., Appellant.
Court of Appeals.
On the current record, the district court abused its discretion by departing from the presumptive disposition under the Minnesota Sentencing Guidelines and staying the appellant’s 12-year prison sentence for first-degree criminal sexual conduct.
Vacated and remanded. Justice David L. Lillehaug.
Dissenting, Justice Alan C. Page, Chief Justice Lorie S. Gildea and Justice G. Barry Anderson.
(Added to website 10/16/14)
ORDERS ON PETITIONS FOR FURTHER REVIEW
Filed – October 14, 2014
(Petitioner indicated in Italic Type)
1. Julie L. Pfeiffer, Trustee on behalf of the heirs and next of kin of Dale R. Pfeiffer vs. Allina Health
System, d/b/a Allina Hospitals & Clinics Behavioral Health Services, and d/b/a United Hospital,
Paul A. Ekberg, D. O., P. A., et al., Defendants – A13-1919 – Denied
2. Re: Declaring a Negative Need for an Environmental Impact Statement for the Proposed
Living Word Bible Camp Project. – A13-1153, A13-1157 – Denied
3. State of Minnesota vs. Randy Donald Reed – A13-1027 – Denied
4. State of Minnesota vs. David Edward Palmer – A13-1712 – Denied
5. Michael Alan Mooney vs. UnitedHealth Group Incorporated, Stephen L. Hemsley, William W.
McGuire, David J. Lubben – A13-2093 – Denied
6. Daniel Roy Gibbs vs. Commissioner of Public Safety – A13-2082 – Denied
7. Sergey Porada, Yelena Kurdyumova vs. Terry I. Monroe, Defendant, Marc L. Kruger – A13-1615 –
8. In re the Marriage of: Maria Pieternella Knight vs. James Donald Knight – A13-2288 – Denied
9. State of Minnesota vs. Joseph Gene Hoberg – A13-2012 – Denied
10. State of Minnesota vs. William Harold Jones – A13-0676 – Denied
11. State of Minnesota vs. Dontrell Dyna Flowers – A13-1450 – Denied
12. In the Matter of the Civil Commitment of: John Howard Thuringer. – A14-0130 – Denied
13. Andrew Stephen Williams vs. State of Minnesota – A13-1468 – Denied
14. Loren Elton Schwarzwalter vs. Commissioner of Public Safety – A13-1411 – Denied
15. State of Minnesota vs. Ronald James Chasingbear – A14-0301 – Granted/Stayed
16. State of Minnesota vs. Brandon Joseph Poitra – A14-0572 – Granted/Stayed
17. In re the Marriage of: Kathryn Suzanne Neufeld Hare, n/k/a Kathryn Suzanne Neufeld,
petitioner vs. Robert Russell Hare – A13-1700 – Denied
18. State of Minnesota vs. Enamidem Celestine Okon – A13-2018 – Denied
19. Michael Frederick Schmidt vs. State of Minnesota – A13-2253 – Denied
20. Greg Peterson vs. Richfield Civil Service Commission, et al. – A13-2337 – Granted
21. Catlin Underwriting Agencies, Ltd., et al. vs. ALLETE, Inc., d/b/a Minnesota Power,
Schneider Electric USA, Inc., f/k/a Square D Company, as successor in interest to
Power Distribution Services, Inc., Defendant – A13-2078 – Denied
22. State of Minnesota vs. Jason Paul Krieg – A13-1372 – Denied
23. State of Minnesota vs. Daniel Leith Renville – A13-1265 – Denied
24. State of Minnesota vs. Jermaine Octavious Stansberry – A13-1662 – Denied
25. In re In the Matter of the Welfare of the Children of: D.E.T., G.B.-W.T., Petitioners.
In the Matter of the Welfare of the Children of: D.E.T., G.B.-W.T., and B.R.M., Parents. –
A14-1110 – Denied
26. Gary William Frieler vs. BNSF Railway Company, et al. – A13-2384 – Denied
27. State of Minnesota vs. Eulogio Hernandez-Espinoza – A13-1397 – Denied
28. In the Matter of the Welfare of: J.J.M. – A14-0337 – Denied
29. State of Minnesota vs. Michael Arthur Boelz – A13-1651 – Denied
30. State of Minnesota vs. Donald William Carlson – A13-1782 – Denied
31. Capital Midwest Fund, L.P., et al. vs. Douglas E. Johnson, et al., Steven Quay, et al. –
A13-2023 – Denied
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