EN BANC CALENDAR
Before the Minnesota
Supreme Court
January 2006
SUMMARY OF ISSUES
Summaries prepared by the Supreme Court Commissioner’s
Office.
Tuesday, January 3, 2006, 9:00 a.m.,
Supreme Court Courtroom,
State Capitol
State of Minnesota,
Respondent vs. Troy Demetrius Mayhorn,
Appellant – Case No. A04-1971:
On appeal
from his conviction for conspiracy to commit first-degree premeditated murder,
appellant Troy Demetrius Mayhorn presents the following issues for review: (1) whether the trial court erred in allowing
the state to introduce audiotapes of various telephone calls appellant made
from jail; (2) whether the prosecutor committed misconduct during her
cross-examination of appellant; and (3) whether the sentence imposed violated
Minnesota sentencing guidelines. (On
appeal from Clay County District Court.)
In re Petition for Disciplinary Action against Vicki Lynn
Fagre-Stroetz, a Minnesota attorney, Registration No. 180701 – Case No.
A05-718: An attorney discipline matter that
presents the issue of what discipline, if any, is appropriate based upon the
facts of the matter.
Wednesday,
January 4, 2006, 9:00 a.m., Supreme Court Courtroom,
State Capitol
State of Minnesota, Respondent vs. Darryl Andre Harris, Appellant
– Case No. A04-1923: On appeal from his conviction for
first-degree felony murder, appellant Darryl Andre Harris presents the
following issues for review: (1) whether
the district court erred in its evidentiary rulings; and (2) whether the trial
court erred in not instructing the jury it could consider lesser-included
offenses. (On appeal from St. Louis
County District Court.)
In
re Petition for Disciplinary Action against Jerome M. Rudawski, a Minnesota
attorney, Registration No. 9416X – Case No. A05-484: An
attorney discipline matter that presents the issue of what discipline, if any,
is appropriate based upon the facts of the matter.
Thursday, January 5, 2006, 9:00 a.m.,
Supreme Court Courtroom,
State Capitol
Gerald Lietz, et al., Plaintiffs, Jaenty, Inc., d/b/a Taco
John’s Restaurant, Appellant vs. Northern States Power Company, Respondent, Seren
Innovations, Inc., Respondent, Cable Constructors, Inc., Respondent, and Sirti, Ltd., Respondent – Case No. A04-901: On December 11, 1998, while installing an anchor for a
utility pole in downtown St. Cloud,
respondent Cable Constructors, Inc., struck an underground gas line. The resulting explosion damaged a Taco John’s
restaurant owned by appellant Jaenty, Inc.
Appellant sued for property damage on December 31, 2001. The district court dismissed appellant’s
complaint as barred by Minn. Stat. § 541.051, subd. 1(a) (2004), which bars
claims for damages resulting from improvements to real property unless such
claims are brought within two years of discovery of the damage. A divided panel of the court of appeals
affirmed. The question on appeal is
whether the utility pole anchor that pierced the gas line was an improvement to
real property. (On appeal from Stearns
County District Court.)
State Farm Fire and Casualty, et al., Respondents vs. Aquila,
Inc., d/b/a People’s Natural Gas, f/k/a UtiliCorp United, Ind., d/b/a People’s Natural Gas/Energy One,
Appellant, Northern Pipeline Construction Company, Defendant, Robert Sauer, et
al., Defendants, George Rucker, et al., Nominal Defendants – Case No. A04-1816: In 1990, respondent Northern Pipeline Construction Company
installed a natural gas pipeline serving a trailer park owned by respondent
Aquila, Inc. Unbeknownst to anyone, a
portion of the new gas pipeline passed through the park’s sewerline. On February 13, 2002, more than eleven years
later, a contractor using an auger to unclog the sewer drains struck and
ruptured the gas pipeline; the resulting explosion destroyed several homes in
the trailer park. Appellants are
homeowners and their insurers who sued Northern Pipeline and Aquila
for negligence in the installation of the gas line. The district court dismissed appellants’
complaint on grounds it was barred by Minn. Stat. § 541.051, subd. 1 (2004), which bars claims arising from a defective
or unsafe condition in an improvement to real property brought more than ten
years after the substantial completion of the construction of the
improvement. A divided panel of the
court of appeals held the gas pipeline was an improvement to real property with
respect to Northern Pipeline, but with respect to Aquila was
an addition to Aquila’s distribution system
rather than an improvement to real property.
The court of appeals therefore affirmed the dismissal of the claims brought
against Northern Pipeline, but reversed the dismissal with respect to claims
brought against Aquila. The issue on appeal is whether the gas
pipeline installed in 1990 was an improvement to real property. (On appeal from Olmsted County District Court.)
Monday, January 9, 2006, 9:00 a.m.,
Courtroom 300,
Minnesota Judicial Center
Richard Antone, Respondent vs. Israel Mirviss, Appellant – Case No. A04-1367: In 1986, appellant Israel Mirviss prepared an
antenuptial agreement for respondent Richard Antone. In 1998, Antone’s wife filed for
divorce. The district court concluded
the antenuptial agreement did not govern assets owned by Antone before the
marriage, but nevertheless awarded those assets to Antone. On appeal, the Minnesota Supreme Court held
that, as a matter of law, a portion of the appreciation in those assets during
the marriage was marital property. After
the district court, on remand, awarded a portion of the appreciated value of
the property to Antone’s wife, Antone sued Mirviss for legal malpractice. The district court dismissed Antone’s suit as
untimely, holding Antone’s malpractice claim arose on the day of Antone’s
marriage. A divided panel of the court
of appeals reversed, holding Antone’s claim did not arise until the district
court’s property award to his wife. At
issue on appeal is when Antone’s legal malpractice claim arose. (On appeal from Hennepin County District
Court.)
In re Petition for Disciplinary Action against Carl Anton
Knutson, a Minnesota Attorney, Registration No. 289917 – Case No.
A05-808: An attorney discipline matter that
presents the issue of what discipline, if any, is appropriate based upon the
facts of the matter.
Tuesday, January 10, 2006, 9:00 a.m.,
Courtroom 300,
Minnesota Judicial Center
State of Minnesota, Respondent vs. Philip Randall Vance,
Appellant – Case No. A05-15: On appeal from his
conviction for first-degree premeditated murder, appellant Philip Randall Vance
presents the following issues for review:
(1) whether the district court erred in refusing to admit evidence at
trial tending to connect others to the crime; (2) whether the district court
erred in allowing witnesses to testify to threats made against them; and (3)
whether the district court erred in admitting audiotapes of conversations
between appellant and police officers without a limiting instruction to the
jury. (On appeal from Dakota County
District Court.)
In re
Petition for Disciplinary Action against Edward F. Rooney, a Minnesota Attorney, Registration No. 9321X – Case No.
A04-1959: An attorney discipline matter that
presents the issue of what discipline, if any, is appropriate based upon the
facts of the matter.
NONORAL: Estelle Busch, Relator vs.
Commissioner of Revenue, Respondent – Case No. A05-656: After her retirement in 1999, pro se relator
Estelle Busch spent 40 to 60 hours each week playing slot machines at various
local casinos. For the year 1999, Busch
reported her gambling winnings on her federal income tax return, and reported
gambling losses equal to her winnings as itemized deductions. For 2000 and 2001, Busch reported her gambling
losses on Schedule C, as a trade or business.
On audit, the Minnesota Commissioner of Revenue disallowed Busch’s
gambling losses, on grounds her gambling was not a trade or business. The Minnesota Tax Court affirmed. The issues on appeal are: (1) whether an IRS audit of Busch’s 2001 tax
return forecloses the Commissioner’s determination as to the nature of Busch’s
gambling activities; and (2) whether the Commissioner erred in determining Busch’s
gambling does not constitute a trade or business. (On appeal from Minnesota Tax Court.)
NONORAL: State of Minnesota, Respondent vs. Lennell Maurice Martin – Case
No. A04-279: Appellant Lennell
Maurice Martin was convicted of first-degree murder, second-degree assault, and
kidnapping. On appeal, the supreme court affirmed the admission of a statement made by
the victim identifying the appellant as his assailant. In the same appeal, appellant contended the
district court erred in communicating with the jury outside of the presence of
appellant or his counsel. Because the
district court file did not indicate whether the district court’s
communications with the jury concerned substantive issues or merely
housekeeping matters, the case was returned to the district court for
documentation of the communications. The
district court having heard testimony from the judge who presided over the
trial and the in-court deputy assigned to the trial, the matter is again before
the court on the question of whether the district court erred in communicating
with the jury outside of the presence of appellant or his counsel. In a supplemental pro se brief, appellant
raises numerous other issues he claims violated his constitutional rights and
deprived him of a fair trial. (On appeal
from Anoka County District Court.)