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 go to the Clerk of Appellate Courts page for instructions how to register your e-mail address.
PREVIOUSLY PUBLISHED OPINIONS
Please visit the Minnesota State Law Library's Appellate Opinions Archive for previously published Supreme Court Opinions.
OPINIONS OF THE SUPREME COURT
FILED Wednesday, February 19, 2025
NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.
A23-1257 State of Minnesota, Respondent, vs. Kyaw Be Bee, Appellant.
Court of Appeals.
The definition of “public place” under Minn. Stat. § 624.7181, subdivision 1(c) (2024), includes the interior of a motor vehicle on a public roadway.
Affirmed. Justice Anne K. McKeig.
Took no part, Justice Theodora K. Gaïtas.
ORDERS
A24-0142 In re Petition for Reinstatement of Michael A. Essien, a Minnesota Attorney, Registration No. 031741X.
Reinstated. Justice Gordon L. Moore, III.
A24-1701 In re Petition for Disciplinary Action against Kamille R. Dean, a Minnesota Attorney, Registration No. 0344394.
Suspended. Justice Gordon L. Moore, III.
A24-1566 In re Petition for Disciplinary Action against Patrick M. Kennedy, a Minnesota Attorney, Registration No. 0400857.
Publicly Reprimanded. Justice Gordon L. Moore, III.
A24-0601 In re Petition for Disciplinary Action against Courtney J. Ernston, a Minnesota Attorney, Registration No. 0396458.
Suspended. Justice Gordon L. Moore, III.
Opinion Sets
Opinion sets contain all opinions and orders. The sets are compressed into files that must be unpacked before opening them.
Opinion Set in a Zipped PDF Format
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- Open the extracted file.
ADMINISTRATIVE ORDERS
NO ADMINISTRATIVE ORDERS RECENTLY FILED
ORDERS ON PETITIONS FOR FURTHER REVIEW
FILED Tuesday, February 18, 2025
(Petitioner indicated in Italic Type)
(Petitioners Indicated in
Italic Type)
POSTED THURSDAY AFTER SPECIAL TERM CONFERENCE
(Issues are as Presented in the Petition for Review)
1. Jeremy McNitt vs.
Minnesota IT Services (MNIT) – A23-1948
Issue Granted: When an applicant provides the documents listed in Minnesota Statutes section 364.03, subdivision 3(a), does a public employer have discretion to determine whether the applicant has sufficient rehabilitation and present fitness?
Cross-Review Issue Granted: When the material facts are not in dispute, does the administrative law judge’s report and recommendation granting summary disposition become the final decision, in accordance with Minn. Stat. § 14.62, subd. 2(a) and
In re Surveillance and Integrity Review (SIRS), 996 N.W.2d 178 (Minn. 2023), if the commissioner remands to the administrative law judge because the commissioner “rejects” the appropriate application of law and burden of proof?
Granted/Stayed
2. State of Minnesota vs.
Hassan Mohamed Abdi – A23-1686
Issue: For a driving while impaired-test refusal conviction, is the circumstantial evidence sufficient to rule out a rational inference of innocence that the defendant was not actually unwilling to submit to testing where a defendant agrees to submit a breath sample, attempts to provide breath samples, and tells the police officer at the time of testing that a medical condition prevents him from blowing?
Stayed Pending Final Disposition in
State v. Shmeichel, A23-1905.
3. State of Minnesota vs.
James Edward Jones, III – A23-1784
Issue: Under circumstantial-evidence review, did the court of appeals correctly determine that the state proved to the exclusion of all other reasonable inferences inconsistent with guilt that Jones possessed his girlfriend’s firearm?
Stayed Pending Final Disposition in
State v. Firkus, A23-0973.
4. State of Minnesota vs.
Robert Donelle Williams – A24-0329
Issue: Does a conviction for possession of a firearm or ammunition by an ineligible person require proof that the defendant knew of their ineligibility?
Stayed Pending Final Disposition in
State v. Underwood, A23-1524.
5. State of Minnesota vs.
Shaketio Antonio Webster – A24-0371
Issue: Must Webster’s conviction for ineligible possession of a firearm be reversed where the State failed to prove beyond a reasonable doubt that he possessed the firearm police found in a backpack on the backseat of another person’s car?
Stayed Pending Final Disposition in
State v. Firkus, A23-0973.
Vacate in Part/Remand
6. State of Minnesota vs.
Reginald Scott Hubbard – A23-0362
Issues: (1) Did the district court commit reversible error by denying Hubbard’s request that the jury be instructed on self-defense? (2) Did the district court deprive Hubbard of his right to present a complete defense and to testify on his own behalf when it limited his testimony on relevance grounds, but the record establishes both that the evidence was relevant and that the lack of testimony on the relevant issue contributed to the district court’s later denial of a self-defense instruction?
The order granting review was vacated in part; review of issue two was denied. Section I of the court of appeals’ decision was vacated and the case remanded to the court of appeals for reconsideration in light of
State v. Baker, 13 N.W.3d 401 (Minn. 2024).
Denied
7. Carley Pesente vs.
Minnesota Life Insurance Company – A24-0406
8. County of Hennepin vs.
Christina Elizabeth VonderHaar, James Mark Hedquist – A24 0225
9. CSM Bonaventure Limited Partnership, L.L.L.P. vs.
Fun Eats and Drinks, LLC – A24 0467
10. In the Matter of the Civil Commitment of:
Rodger Dean Robb II – A24-1017
11. In the Matter of the Welfare of:
J.R.Z.R., Child – A24-0300
12.
Joshua Ferry vs. Discount Tire of Minnesota, Inc. – A24-0559
13.
Lake Minnetonka Real Estate II, LLC vs. Archelle Georgioun Feldshon, et al., City of Orono – A24-0118
14.
Raymond Kvalvog vs. Secura Supreme Insurance Company – A24-0226
15.
Reuben Elijah Penske vs. Steven Michael Pappenfus – A24-0153
16.
Sadak Qasim Fidow vs. State of Minnesota – A24-0472
17. State of Minnesota vs.
Abigail Violet Hollingsworth – A24-0608
18. State of Minnesota vs.
Aidan Bebee Lauseng – A24-0093
19. State of Minnesota vs.
Bret Ryne Lott – A23-1310
20. State of Minnesota vs.
Christian Rosario-Torres – A23-1943
21. State of Minnesota vs.
Christopher Gregory Roth – A23-1712
22. State of Minnesota vs.
Clinton Albert Christopher Juring – A23-1849
23.
State of Minnesota vs. Deandre Dontae Turner –A23-1709
24. State of Minnesota vs.
Frank Joseph Boyd – A23-1865
25. State of Minnesota vs.
Jamez Antoine Powell – A23-1414
26.
State of Minnesota vs. Jontrail Wesley Dawson – A24-0573
27. State of Minnesota vs.
Kenneth Gale Lanham – A23-1916
28. State of Minnesota vs.
Lana Dawn Hansch Barnes – A24-0275
29. State of Minnesota vs.
Larry Dusaun Gray – A23-1751
30. State of Minnesota vs.
Perry Karnell Coleman – A23-1947
31.
State of Minnesota vs. Ronald Wayne Taleronik – A24-0625
32. State of Minnesota vs.
Sean Garrison McNerthney – A23-1650
33. State of Minnesota vs.
Terrell Joseph Salazar – A23-1765
34.
William Larry Armstrong vs. State of Minnesota – A24-0066
35.
Zoila Salguero vs. Elvis Perez Hernandez, et al. – A24-0479