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, May 16, 2018

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



A16-1244        James F. Christie, Respondent, vs. Estate of Dilman Christie, et al., Appellants.
                         Court of Appeals.
            The district court erred by failing to instruct the jury to apply the clear-and-convincing-evidence standard when determining the existence of an oral contract for the sale of land between a son and the estates of his parents, where the son requested damages as a remedy.
            Reversed and remanded.  Justice G. Barry Anderson.
            Took no part, Justice Paul C. Thissen.



A16-2001        State of Minnesota, Respondent, vs. Scott Ross Hunn, Appellant.
                         Court of Appeals.
            On a request to consent to urine testing, a driver’s limited constitutional right to counsel recognized in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828 (Minn. 1991), is not triggered unless the statutory implied-consent advisory is read.
            Affirmed.  Justice David L. Lillehaug.
            Took no part, Justice Paul C. Thissen.



A17-1194        In the Matter of the Welfare of the Children of:  S.R.K. and O.A.K., Parents.
                         Court of Appeals.
            1.   In a proceeding to terminate parental rights that is governed by the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act, a district court cannot terminate parental rights unless it determines that evidence shows, beyond a reasonable doubt, that continued custody of the child is likely to result in serious emotional or physical damage to the child.  Such determination must be supported by qualified expert witness testimony.
            2.   There was sufficient evidence, including qualified expert witness testimony, to support the district court’s determination that continued custody of the children by the mother would likely result in serious emotional or physical damage to her children.
            3.   There was insufficient qualified expert witness testimony to support the district court’s determination that continued custody of the children by the father would likely result in serious emotional or physical damage to his children.
            Affirmed in part and reversed in part.  Justice David L. Lillehaug.
            Took no part, Justice Paul C. Thissen.


  
 

ORDER

 
A16-0674        In re Petition for Disciplinary Action against Jeremy Lloyd Brantingham, a Minnesota Attorney, Registration No. 0299558.
                         Supreme Court.
            Reinstated.  Justice David L. Lillehaug.

 
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ORDERS ON PETITIONS FOR FURTHER REVIEW

FILED Wednesday, May 16, 2018


(Petitioner indicated in Italic Type)


1.      In re the Estate of: Duane Francis Strub – A17-0943; A17-0981 – Denied
2.      State of Minnesota vs. Lucas Cosme Roman-Vargas – A17-0641 – Denied
3.      Marlow Shelton McDonald vs. State of Minnesota – A18-0064 – Denied
4.      State of Minnesota vs. Ryan Michael Beach – A17-0709 – Denied
5.      State of Minnesota vs. Benyamin Abner Israel – A17-0561 – Denied
6.      State of Minnesota vs. Felix Velasquez – A17-0888 – Denied
7.      State of Minnesota vs. Sherman Lee Williams – A17-0655 – Denied
8.      Berry Alan Willis vs. State of Minnesota – A17-1001 – Denied
9.      Minnesota Department of Natural Resources vs. Chippewa/Swift Joint Board of Commissioners – A18-0201 – Granted
10.    Shareef Najeeaullah Shaheed vs. State of Minnesota – A17-1627 – Granted/Stayed
11.    State of Minnesota vs. Jimmy Leeartis Martin – A16-1965 – Denied
12.    Nick Norman Korsmo vs. State of Minnesota – A17-1075 – Granted/Stayed
13.    State of Minnesota vs. Abdirizak Osman Salad – A17-0656 – Denied
14.    William Trueblood, Cassandra Trueblood vs. Paul D. Walters, et al. – A17-1132 – Denied
15.    Alberto Rivera vs. State of Minnesota – A17-1379 – Denied
16.    Bryan Gene Quigley vs. State of Minnesota – A17-1271 – Granted/Stayed
17.    In re the Estate of: Donald H. Richter, deceased Gerald Donald Richter vs. Larry A. Richter, Trustee of Donald H. Richter
         Revocable Living Trust dated March 31, 2011 as amended, et al. – A17-0916 – Denied
18.    Architektur, Inc. vs. Karen Crane et al. vs. Virginia Marie Carlson, Philip Lee Carlson – A18-0322 – Denied