ORDERS ON PETITIONS FOR FURTHER REVIEW
FILED Tuesday, October 15, 2024
(Petitioner indicated in Italic Type)
Granted
1. In the Matter of the Civil Commitment of:
Leah Christina Graeber – A24-0067
Issue Granted: When considering requests for forced administration of treatment to civilly committed persons, do the
Price factors adequately consider the
Kinzer requirement that the treatment be presently medically necessary and the statutory requirement that the treatment be necessary to preserve life or health?
2.
Joel Armen Underwood, III vs. State of Minnesota – A23-1524
Issues Granted: (1) Was Underwood’s constitutional right to due process violated when the state convicted him of unlawfully possessing a firearm despite a district court order having earlier assured him that he could possess one? (2) Was Underwood’s plea to unlawfully possessing a firearm inaccurate and invalid where, in his plea colloquy, he asserted he did not know that his 20-year-old conviction, for which his civil rights had been restored, made him ineligible to possess a firearm?
3. State of Minnesota vs.
Jason Turner Johnson – A24-0245
Issue Granted: Do the rules of criminal procedure authorize state sentencing appeals of jail credit determinations from revocation orders?
4. State of Minnesota vs.
Johnnie Lerma – A23-0947
Issues Granted: (1) Is it structural error barring re-trial for the district court, without notice to or consulting counsel, to instruct the jury that under the law, a mistrial leaves the case for another jury to decide, whereupon the jury retires to sign verdict forms and changes three unanimous verdicts to deadlocks on all five counts? and (2) Is an objection to jury instructions properly preserved for appeal when first brought as a post-trial motion?
Vacate/Remand
5. State of Minnesota vs.
Carmen Marie Burth – A23-0004
Issues: (1) In a prosecution for animal mistreatment based on deprivation of necessary food, water, or shelter, is it plainly erroneous to permit expert testimony regarding the ultimate mixed question of law and fact—namely, whether any animal was deprived of necessary, food, water, or shelter? (2) In a prosecution for animal mistreatment based on deprivation of necessary food, water, or shelter, is it plainly erroneous to admit evidence regarding the animal’s health and well-being when that evidence is unrelated to the alleged deprivation of food, water, or shelter? (3) If either of the above categories of evidence is inadmissible, must the prejudicial effect of its admission be determined by considering how the erroneously admitted evidence may have influenced the jury's verdict, rather than by considering the strength of the evidence against the defendant alone and in the context of a hypothetical trial where the error did not occur?
The decision of the court of appeals was vacated and the case remanded to the court of appeals for reconsideration in light of
State v. Bigbear, 10 N.W.3d 48 (Minn. 2024)
Denied
6.
Alessandra Pantano Orthey vs. Christopher Scott Orthey – A23-1365
7.
Arthur Rafie Mullins vs. State of Minnesota – A23-0841
8. August Ventures, LLC a Minnesota limited liability company, et al. vs. Gedney Foods Company,
PMC Global, Inc., et al. – A23-1577
9.
David Bissen, et al. vs. City of Crystal, JUFH Enterprises LLC – A23-1528
10. In re City of St. Paul’s Decision on the Need for an Environmental Impact Statement for the Proposed University of St. Thomas Multipurpose
Arena – A23-1656
11. In re the Guardianship of: Doris Anita Seward – A23-0533
12. In the Matter of the Wetland Conservation Act appeal filed for
Tyler Serbus of a No-Loss decision, located in part of Section 18, T. 121N, R.
30W, Forest Prairie Township, Meeker County – A24-0683
13.
Larry Alexander vs. Jacqueline Blakey, Jerry Blakey, Javonda Jones, Gina Alexander, et al.– A22-0098
14.
James W. Honcik vs. Norman County, Minnesota – A23-1821
15.
Jon Erik Kingstad vs. Minnesota Department of Commerce – A24-0726
16. Progressive Preferred Insurance Company vs.
Aries Williams – A23-1374
17.
Rashad Ramon Ivy vs. State of Minnesota – A23-0809, A23-1099
18.
Scott Marlin Morey vs. State of Minnesota – A23-1944
19. Star Bank vs. Robert W Anderson, et al.,
Bushmills Ethanol, Inc. – A23-1802
20. State of Minnesota vs.
Amy Lynn Monson – A23-1236
21. State of Minnesota vs.
Andre Benjamin Stigger – A23-1046
22. State of Minnesota vs.
Carl Stanley Williams – A23-1089
23.
State of Minnesota vs. Cody Logan Fohrenkam – A23-0703
24. State of Minnesota vs.
Courtney Deshaun Hall – A23-0242
25. State of Minnesota vs.
Devin Matthew Weiland – A23-0771
26. State of Minnesota vs.
Jada Yolandamarie Ralford – A23-1366
27. State of Minnesota vs.
Janelle Lorraine Johnson – A23-1196
28. State of Minnesota vs.
Jordan William Carter – A23-0880
29. State of Minnesota vs.
Kelly Ann Tysdale – A23-1095
30. State of Minnesota vs.
Leneil James Colbert – A23-0811
31. State of Minnesota vs.
Matthew Lee Ford – A23-1265
32. State of Minnesota vs.
Michael Adam Davis – A23-0308
33. State of Minnesota vs.
Mitchell Gary Johannessohn – A23-1021
34.
Steven A. Sugarman, et al. vs. Muddy Waters Capital, LLC, et al., Jason Galanis, Castalian Partners, LLC., et al., David Q. Mathews, et al. –
A23-1906
Denied – Filed October 4, 2024
In the Matter of the Welfare of the Child of: B.D.D. and
D.A.A., Parents. – A23-0489
Denied – Filed October 11, 2024
In the Matter of the Welfare of the Children of:
H.V., Parent – A23-1928