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PREVIOUSLY PUBLISHED OPINIONS

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

NOTE: If you are having trouble accessing the tabs on your mobile device, you may view all Opinions and Orders on a single page.

OPINIONS OF THE SUPREME COURT

FILED Wednesday, January 24, 2024

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


A22-1551   State of Minnesota, Respondent, vs. Ayyoob Dawood Abdus-Salam, Appellant.
                   Court of Appeals.
          1. The term “likely” as used in the manner-of-use definition for “dangerous weapon” under Minn. Stat. § 609.02, subd. 6 (2022), is unambiguous and means “probable or reasonably expected.”
          2. The district court erred when it dismissed two second-degree riot charges for lack of probable cause because sufficient facts in the record precluded granting a motion for a judgment of acquittal if proved at trial.
          Affirmed. Justice Anne K. McKeig.
 
ADMINISTRATIVE ORDER
 
ADM10-8005  In Re Rules of the Minnesota Client Security Board.
                        Supreme Court.
          Order Promulgating Amendments to the Rules of the Minnesota Client Security Board to be effective as of July 1, 2024.
Opinion SetsAs of June 1, 2023, the Supreme Court no longer provides opinion sets in Word Document format and Rich Text Format. Opinions are available in PDF format under the Opinions tab on this site.

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ORDERS ON PETITIONS FOR FURTHER REVIEW

FILED Tuesday, January 16, 2024


(Petitioner indicated in Italic Type)


ORDERS ON PETITIONS FOR FURTHER REVIEW  FILED
TUESDAY, JANUARY 16, 2024
(Petitioners Indicated in Italic Type)
POSTED THURSDAY AFTER SPECIAL TERM CONFERENCE
(Issues are as Presented in the Petition for Review)

 
Granted 
 
1.         State of Minnesota vs. Brandon Stuart Moore – A22-1570
 
            Issues Granted:  Must Moore’s aggravated first-degree controlled substance crime convictions be reversed because the State failed to prove beyond a reasonable doubt that the firearm in the locked glove box was within his “immediate reach” as required by the statute?
 
 
2.         State of Minnesota vs. Julian Daniel Valdez – A22-1424
 
Issue Granted:  Whether the district court abused its discretion when it used the standard jury instruction for defense-of-others and instructed the jury that there was a duty to retreat or avoid the danger if reasonably possible; whether any error in the instruction was harmless beyond a reasonable doubt because the State disproved two elements of defense-of-others: the deadly force used by respondent was clearly unreasonable, and respondent became the aggressor by producing and brandishing a firearm, forfeiting his right of defense-of-others.
 
 
 
Granted – Petition for Accelerated Review
 
3.         Minnesota Voters Alliance, et al. vs. Tom Hunt, et al., Steve Simon, et al., Jennifer             Schroeder, et al. – A23-1940
 
Issues:  (1) Whether Respondents exceed their authority by implementing laws which grant Minnesotans convicted of felonies “the civil right to vote” but do not “restore” them to the “civil rights” lost because of felony conviction.  (2) Whether Petitioners have standing to petition for a writ of quo warranto against Respondents, where Respondents are implementing laws that Petitioners allege violate the Minnesota Constitution, and where the Legislature has appropriated tax monies to implement those laws.  (3) Whether Minnesota courts, like federal courts in the Eighth Circuit, presume that putative intervenors are adequately represented by government where the government, as a sovereign, is defending laws conferring on the putative intervenors the rights they seek to vindicate through intervention.  (4) Whether the district court erred by granting intervention as of right to the Intervenor-Respondents.
 
 
Denied
 
4.          Anderson Price vs. Brooklyn Center AH II LLLP – A23-1896
5.          Brooklyn Center AH II LLLP vs. Anderson Price, John Doe, et al. – A23-1764
6.          Colby Lake Fourth Association vs. Hiscox Insurance Company, Inc. – A23-0201
7.          In re the Estate of: Darlene Legred, Deceased, and Brenda Legred, f/k/a Brenda Godlove vs. Brent Legred, and The Estate of Darlene Legred, a/k/a Darlene I. Legred, Merchants Bank, NA, and In re the Credit Shelter Trust Established pursuant to the Last Will and Testament of Thilmer M. Legred dated November 25, 1996, and Brenda Legred vs. Brent Legred, et al. – A23-0038, A23-0039, A23-0041, A23-0277
8.          In re the Guardianship of Travis Trong Khuong Nguyen – A23-0344
9.          In the Matter of the Welfare of: Z.A.W., Child – A23-0073
10.        James M. Carlson vs. City of Brainerd – A22-1624
11.        Michael Carlton Lowe, Sr. vs. State of Minnesota – A23-0283
12.        State of Minnesota by its Attorney General, Keith Ellison vs. HavenBrook Homes, LLC, et al., Pretium Partners, LLC – A23-0244
13.        State of Minnesota vs. Calvin Edward Bartz – A22-1581
14.        State of Minnesota vs. Chad Edward Danberry – A22-0856
15.        State of Minnesota vs. Christopher W. Haakenstad – A23-0170
16.        State of Minnesota vs. Cory Donald Ziesemer – A23-0492
17.        State of Minnesota vs. Gerald Floyd Crain, Jr. – A22-1194
18.        State of Minnesota vs. Heather Marie Wurtzberger – A23-0387
19.        State of Minnesota vs. Joseph Manasseh Johnson – A22-1711
20.        State of Minnesota vs. Maurice Joel Dow – A22-1779
21.        State of Minnesota vs. Morayo Surat Hassan – A22-1504
22.        State of Minnesota vs. Nicholas David Kraus – A23-0288
23.        State of Minnesota vs. Nicholas James Bunes – A22-1544
24.        State of Minnesota vs. Nicole Denise Longoria – A22-1682
25.        State of Minnesota vs. Timothy Jason Williams – A22-1763
26.        State of Minnesota vs. Timothy Robert Steele – A22-1488
27.        Steven Charles Perkins vs. State of Minnesota – A23-0304
28.        Timothy Richard Gilles vs. State of Minnesota – A23-0045
29.        Zachariah Joel Peterson vs. State of Minnesota – A23-0226
 
 
Denied – Filed December 29, 2023
 
In the Matter of the Welfare of the Child of: D.J.T. and N.L.T., Parents – A23-0663
 
 
Denied – Filed January 4, 2024
 
In the Matter of the Welfare of the Children of: H.M.W., A.T.L., and G.W.A., Parents – A23-0632
 
 
Denied – Filed January 5, 2024
 
In the Matter of the Welfare of the Child of: F.F.N.M., Parent – A23-0935