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Court of Appeals Opinions



IMPORTANT NOTICE

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 visit the Clerk of Appellate Courts page for instructions on how to register your e-mail address.
 

Opinion Policies

Minnesota Court of Appeals opinions are issued weekly and are available to the public at 10 a.m. CST/CDT every Monday.

On Wednesday of every week, the Court of Appeals will mail a notice that informs counsel, pro se parties, and court personnel associated with a case that an opinion will be released the following Monday.  Opinions are available online or by visiting the Clerk of Appellate Courts, 305 Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, after the Monday release time.  Copies of the opinions are mailed to involved parties on Mondays.

In certain time-sensitive cases, the Court of Appeals may issue opinions on a business day other than Monday.  In these instances, involved parties will be contacted just prior to the special release.

Please visit the Minnesota State Law Library's Appellate Opinions Archive for previously released Court of Appeals Opinions.


Published Opinions

By statute, the Court of Appeals issues a published opinion only in the most important and complex cases. Published opinions include an extensive analysis of the facts and law. They will be considered and used by courts faced with similar issues in the future, and they are published in books found in most law libraries.

DECISIONS OF THE COURT OF APPEALS
FILED Monday, June 14, 2021


A20-0793        State of Minnesota, Respondent, vs. Matthew Steven Kimmes,  Appellant.        
                         Dakota County District Court, Hon. Timothy J. McManus.
            Tampering with a motor vehicle is a lesser-included offense of motor-vehicle theft.
            Affirmed in part, reversed in part and remanded.  Judge Lucinda E. Jesson.


A20-1071
        In the Matter of the Application of Enbridge Energy, Limited Partnership, for a Certificate of Need and a Routing
A20-1072        Permit for the Proposed Line 3 Replacement Project in Minnesota from the North Dakota Border to the Wisconsin Border.
A20-1074       
Minnesota Public Utilities Commission.
A20-1075        
A20-1077       

            Before granting a certificate of need for an oil pipeline under Minnesota Statutes section 216B.243 (2020), the Minnesota Public Utilities Commission must evaluate “the accuracy of the applicant’s forecast of demand for the type of energy that would be supplied by the proposed facility.”  Minn. R. 7853.0130(A)(1) (2019).  When an applicant seeks a certificate of need for a crude-oil pipeline, “demand” is “that quantity of a petroleum product from the applicant’s facilities for which there are willing and able purchasers.”  Minn. R. 7853.0010, subp. 8 (2019).  The willing and able purchasers of crude oil are refineries.  The commission therefore must, in determining whether to grant a certificate of need for a crude-oil pipeline, evaluate a forecast provided by the applicant of the amount of crude oil from the proposed pipeline that refineries will be willing and able to purchase over the forecast period.
            Affirmed.  Judge Lucinda E. Jesson.
            Dissenting, Judge Peter M. Reyes, Jr.


A20-1561
        Carvin Buzzell, Jr., Appellant, vs. Tim Walz Governor of Minnesota, et al., Respondents. 
                         Ramsey County District Court, Hon. Laura Nelson.
            The governor does not “commandeer” property within the meaning of Minn. Stat. § 12.34, subd. 1(2) (2020), of the Minnesota Emergency Management Act of 1996 by issuing executive orders during a peacetime emergency that subject a business owner to operating restrictions.
            Affirmed.  Judge Jeanne M. Cochran.


A20-1586
        In the Matter of the Civil Commitment of: Charles Randal  Ashman. 
                         Commitment Appeal Panel.
            The commitment appeal panel is authorized by the Minnesota Commitment and Treatment Act: Sexually Dangerous Person and Sexual Psychopathic Personalities, Minn. Stat. §§ 253D.01-.36 (2020), to review a revocation-of-transfer recommendation made by the special review board.
            Reversed and remanded.  Judge Randall J. Slieter.
 

Unpublished Opinions

Unpublished opinions are issued in cases that are less complicated, that involve legal issues that have already been decided in published opinions, or that will affect only the parties to that particular case. These opinions are usually shorter, do not contain extensive discussion of the facts, and are not generally relied on by other courts to the same degree as published opinions.

NONPRECEDENTIAL OPINIONS
FILED Monday, June 14, 2021

Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1 (c)



1.         A20-1461
            In the Matter of Robert Estelle's Termination of Section 8 Benefits.
            Affirmed in part, reversed in part.  Judge Renee L. Worke.
            St. Paul Public Housing Agency.

2.         A20-0678
            State of Minnesota, Respondent, vs. Kevin Ledell Standifer, Appellant.
            Affirmed.  Judge Kevin G. Ross.
            Hennepin County District Court, Hon. Peter A. Cahill.

3.         A20-1177
            Teresa M. Lentz, Relator, vs. Fairview Health Services, Respondent, Department of
            Employment and Economic Development, Respondent.
            Affirmed.  Judge Matthew E. Johnson.
            Department of Employment and Economic Development.

4.         A20-0849
            State of Minnesota, Respondent, vs. Marsean Juan Crockett, Appellant.
            Affirmed.  Judge Matthew E. Johnson.
            Dakota County District Court, Hon. Timothy J. McManus.

5.         A19-0576
            State of Minnesota, Respondent, vs. Michael Anthony Casillas, Appellant.
            Affirmed.  Judge Michelle A. Larkin.
            Dakota County District Court, Hon. Jerome B. Abrams and Hon. Kathryn Davis
            Messerich.

6.         A20-1476
            Mi-in-gun Justin Charette a/k/a Justin Marshall Critt, petitioner, Appellant, vs. State of
            Minnesota, Respondent.
            Affirmed.  Judge Louise Dovre Bjorkman.
            Clay County District Court, Hon. Michelle W. Lawson.

7.         A20-1441
            Bunny Annette Byington, petitioner, Appellant, vs. State of Minnesota, Respondent.
            Affirmed.  Judge Louise Dovre Bjorkman.
            Clay County District Court, Hon. Michelle W. Lawson.

8.         A20-1323
            John Louis Corrigan, petitioner, Appellant, vs. State of Minnesota, Respondent.
            Affirmed.  Judge Peter M. Reyes, Jr.
            Scott County District Court, Hon. Christian S. Wilton.

9.         A20-1260
            S. K., Relator, vs. Minnesota Department of Health, Respondent.
            Affirmed.  Judge Peter M. Reyes, Jr.
            Minnesota Department of Health.

10.       A20-1237
            Kenneth Salway, Relator, vs. Tandem Products, Inc., Respondent, Department of
            Employment and Economic Development, Respondent.
            Affirmed.  Judge Lucinda E. Jesson.
            Department of Employment and Economic Development.

11.       A20-1255
            In re the Marriage of:  Katherine Theresa Blair, petitioner, Appellant, vs. Campbell
            Johnston Blair, Respondent.
            Reversed and remanded.  Judge Diane B. Bratvold.
            Washington County District Court, Hon. John C. Hoffman.

12.       A20-1350
            Emily Mae Peterson, Respondent, vs. Scott Howard Meyer, Appellant.
            Affirmed.  Judge James B. Florey.
            Olmsted County District Court, Hon. Joseph F. Chase.

13.       A20-0695
            State of Minnesota, Respondent, vs. Scott Clarence Carrillo, Appellant.
            Affirmed.  Judge Jeanne M. Cochran.
            Clay County District Court, Hon. Jade Rosenfeldt.

14.       A21-0021
            In the Matter of the Welfare of the Children of: A. B. and C. J. W., Parents.
            Affirmed.  Judge Jeffrey M. Bryan.
            LeSueur County District Court, Hon. Judge Amber Donley.


 

Order Opinions

Cases that involve a few simple issues may be decided by order opinions, which include little discussion of the facts of the case and a brief analysis of the laws that are involved.

RECENT ORDER OPINIONS
June 14, 2021



1.         A20-1299
            Joshua Stuart Vossen, petitioner, Appellant, vs. State of Minnesota, Respondent.
            Reversed and remanded.  Judge Jeffrey M. Bryan.
            Sherburne County District Court, Hon. Walter Kaminsky.

 

Special Release Opinions

NO SPECIAL RELEASE OPINIONS FILED


Opinion Sets

Opinion sets contain all published, unpublished, and order opinions. The sets are compressed into files that must be unpacked before opening them.

Opinion Sets For Opinions
Filed Monday, June 14, 2021

Opinion Set in a Zipped Word Document Format

  1. Click the above link.
  2. Save the unzipped file to your computer.
  3. Choose the "Open" option on the Download Complete screen.
  4. Extract the files to a location of your choice.
  5. Open the extracted file.

Opinion Set in a Zipped Rich Text Format

  1. Click the above link.
  2. Save the unzipped file to your computer.
  3. Choose the "Open" option on the Download Complete screen.
  4. Extract the files to a location of your choice.
  5. Open the extracted file.