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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, December 11, 2024

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


A23-1863   Ricky Darnell Waiters, Appellant, vs. State of Minnesota, Respondent.
                    Winona County.
          When the record does not disclose the basis for a district court’s decision to summarily deny postconviction relief, reversal and remand is necessary because this court cannot determine whether the district court considered the petitioner’s claims for relief.
          Reversed and remanded. Justice Karl C. Procaccini.
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.

Opinion Set in a Zipped PDF Format

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ORDERS ON PETITIONS FOR FURTHER REVIEW

FILED Wednesday, November 27, 2024


(Petitioner indicated in Italic Type)

POSTED THURSDAY AFTER SPECIAL TERM CONFERENCE
(Issues are as Presented in the Petition for Review)

 
Granted
 
1.         Christopher Thigpen vs. Best Home Care LLC, Department of Employment and Economic Development – A23-1544
 
Issue Granted:  Does Minnesota’s unemployment insurance misrepresentation overpayment penalty violate the Minnesota and United States Constitutions’ prohibition against excessive fines?
 
2.         Emmanual A Oatman vs. Chloe Russell – A24-1262
 
Issue Granted:  Does Rule 108.01, subd. 2 of the Minnesota Rules of Civil Appellate Procedure suspend the trial court’s authority to decide the merits of the case while a timely and proper interlocutory appeal challenging subject matter jurisdiction is pending?
 
3.         State of Minnesota vs. Clifford Robert Letourneau, III – A24-0182
 
Issue Granted:  To establish that a defendant committed the crime of first-degree criminal sexual conduct in violation of Minnesota Statutes section 609.342, subdivision 1(d), must the State prove that the defendant caused bodily harm independent of the act of sexual penetration and then “use[d] the infliction of bodily harm” to “engage in sexual penetration”?
 
4.         State of Minnesota vs. Lisa Dawn Oliver – A23-1062
 
Issue Granted:  Is attempted first-degree assault a crime under Minnesota law?
 
5.         State of Minnesota vs. Tracey Dee Keyes – A23-1400
 
Issue Granted:  Did the district court reversibly err and violate Keyes’ constitutional right to a unanimous verdict when it denied his motion to instruct the jury that it had to agree on which of two separate and distinct alleged acts constituted the “penetration” element of the criminal sexual conduct charges?
 
 
 
Grant/Vacate/Remand
 
6.         Jennifer Esposito vs. W. Peyton Company, Department of Employment and Economic Development – A24-1058
 
In light of procedural irregularities, the order of the court of appeals dismissing the appeal is vacated and the case remanded to the court of appeals to reinstate the appeal.
 
 
 
Denied
 
7.            Demarcus Nasson Chaney vs. State of Minnesota – A24-0961
8.            Doe 596 vs. Holy Innocents’ School Incorporated a/k/a and d/b/a Holy Innocents’ School – A23-1537
9.            In re TEGNA, Inc., State of Minnesota vs. Joseph Francis Sandoval, II –  A24-1177
10.          In re the Marriage of: Amber Otte McMillan vs. Abram Lennox Eli McMillan – A23-1750
11.          In re the Marriage of: Teresa Marie Nordahl vs. Steven Edward Nordahl –  A23-0848
12.          James Paul Aery vs. State of Minnesota – A23-1329
13.          Lavern Allen Harris vs. Reno Lindell – A24-0055
14.          Minnesota Duty Disabled Association (MNDDA), a Minnesota nonprofit corporation vs. State of Minnesota Public Employees Retirement
               Association (PERA) – A23-1924
15.          Muska Electric Company, Plaintiff vs. Early Morning Farms-New Hope, LLC, et al., Shiloh Properties, LLC, First Minnetonka City Bank, et al. –
               A24-0149
16.          State of Minnesota vs. Cory Gene Dustan Lutz – A23-1668
17.          State of Minnesota vs. Daniel Paul Wateski – A24-0091
18.          State of Minnesota vs. Elijah Willard James Guinn, Sr., Midwest Bonding, LLC –  A23-1613
19.          State of Minnesota vs. Faissal Bouanane – A23-1418
20.          State of Minnesota vs. Glen Alvin Johnson – A23-1088
21.          Victor Cortez Shelton vs. State of Minnesota – A24-0112
 
 
Denied – Filed November 26, 2024
 
In the Matter of the Welfare of the Child of: J.S., Parent– A24-0607