Appellate Courts >
Court of Appeals >
Court of Appeals Opinions >
Court of Appeals Published Opinions
Appellate Courts will begin transmitting all notices, orders, and opinions electronically.
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.
DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, MARCH 10, 2014
A13-1586 State of Minnesota, Respondent, vs. Ge Her, Appellant.
Redwood County District Court, Hon. Leland Bush.
I. A conditional-release term imposed under Minn. Stat. § 243.166, subd. 5a, is part of the statutory-maximum sentence for risk-level-III offenders convicted of violating registration requirements and does not implicate the rules set forth in Apprendi and Blakely.
II. An offender's designation as risk level III under Minn. Stat. § 244.052, subd. 3(e), is analogous to a prior conviction or probation status and is not a fact that is constitutionally required to be found by a jury.
Affirmed. Judge Natalie E. Hudson.
A13-1304 Philip Rosso, et al., Appellants, vs. Hallmark Homes of Minneapolis, Inc.
d/b/a Hallmark Homes, defendant and third party plaintiff, Respondent,
vs. J. C. Markfort Builders, Inc., et al., Third Party Defendants.
Carver County District Court, Hon. Kevin W. Eide.
"Substantial completion," as used and defined in Minn. Stat. § 541.051, subd. 1(a) (2012), to determine the event triggering commencement of the ten-year statute of repose for claims arising out of improvements to real property, hinges on the extent to which the structure's physical condition nears completion so that it may be used or occupied for the intended purpose of its construction, not on the issuance of a certificate of occupancy.
Affirmed. Judge David Minge.*
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.
OPINIONS ARE AVAILABLE FOR VIEWING IN ADOBE PDF FORMAT
The Adobe Reader must be used to view or print the opinions.
Click here to download Adobe Reader free of charge.