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Noteworthy Appellate Court Orders and Opinions
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  • 06/28/17 COA order A16-2001 reducing a request for attorney fees in a pretrial prosecution appeal
  • 06/21/17 COA order opinion A16-1483 re pro se, sovereign appellants
  • 06/12/17 COA unpublished opinion A16-1193 defendant is not entitled to resentencing under the 2016 Drug Sentencing Reform Act (DSRA)
  • 05/24/17 SC order A16-1392 late, corrected PFR denied (was initially timely filed, but rejected because it included an appendix rather than an addendum and was missing cert of document length)
  • 05/24/17 COA order opinion A16-1428 defendant is not entitled to resentencing under the 2016 Drug Sentencing Reform Act (DSRA)
  • 05/17/17 COA unpublished opinion A16-1052 defendant is not entitled to resentencing under the 2016 DSRA
  • 04/13/17 COA order A16-1548 appellant's pro se supplemental oversized brief rejected
  • 4/4/17 COA order A16-1884 motion to strike appellant's pro se brief is granted
  • 03/16/17 COA order A16-1852 postmark date begins briefing period (not the date it was deposited in prison mail system)
  • 02/21/17 COA order opinion A16-1665 reversing a second dispositional departure and remanding for imposition of the presumptive 144-month executed sentence
  • 12/19/16 COA order A16-1756 dismiss postconviction appeal & remands to district court to fwd petition to PD (a reminder that if you get a pro se petition from a person who has not had a direct appeal, have the court administrator forward the petition to the state pd and if the petitioner proceeds without counsel, get a waiver in writing or on the record)
  • 12/16/16 Henn order (State v. Robinson) denying resentencing following reclassification of offense
  • 11/7/16 Henn order denying postconviction petition for resentencing in light of the new drug statutes
  • 11/1/16 COA order A16-1534 This order forewarns the release of an opinion regarding the introduction of hearsay before a grand jury
  • 11/1/16 COA order A16-1597 re discovery
  • 10/17/16 COA order opinion A15-2074  The state does not have the right to appeal the district court's grant of a new trial - one of the reasons the trial court gave to grant a new trial, see paragraph 18: “Here, the district court determined that, given the facts and circumstances of the case, it should have given the rational-hypothesis jury instruction, and its failure to do so denied Her a fair trial.”
  • 08/24/16 SC opinion A14-1482, State v. Olson, the “per se bad faith for dismissal and recharging” case. The MN Supreme Court rejected a per se rule of bad faith when a prosecutor dismisses and recharges a case. 
  • 08/24/16 SC opinion A15-0938 affirming the COA’s decision in State v. Fawcett, an important decision concerning, among other issues, a person’s expectation of privacy in his/her blood once lawfully seized under a search warrant.
  • 08/08/16 COA opinion A16-0237 affirming the SDP commitment 
  • 08/04/16 9th Circuit COA order 12-55807 re filing oversized brief 
  • 07/06/16 SC opinion A15-0466 State v. Noggle, 10-year conditional release period for sex offenses does not apply to attempted crim sex cases
  • 07/05/16 COA opinion A15-0708 a district court has discretion to grant or deny a motion to reopen when the state failed to put in evidence on an element
  • 06/10/16 COA order A15-1511 redacting a minor sexual assault victim’s name from a pro se supplemental brief
  • 06/03/16 COA order A15-1865 second order denying abatement of a conviction when an appellant dies during an appeal
  • 05/26/16 COA order A16-0191 granting the the state’s motion to treat pro se appellant’s addendum as confidential
  • 05/18/16 COA order A16-0355 stay for postconviction proceedings denied (juvenile seeking to withdraw the guilty plea)
  • 05/12/16 COA order A16-0183 stay and remand for postconviction proceedings denied 
  • 05/09/16 COA opinion A15-1378 crimes enhanced by prior revocations or convictions
  • 04/29/16 COA order A16-0602 timing of the judge-removal rule when a juvenile case is certified to adult 
  • 04/04/16 COA order A16-0302 pretrial prosecution appeal costs order, significantly reducing the requested costs 
  • 04/04/16 COA order A15-1865 death of an appellant, the court declines to abate
  • 02/01/16 COA opinion A15-0596 sufficiency analysis 
  • 02/01/16 COA order A15-1040 supplementing the record regarding an email 
  • 01/27/16 COA order A16-0019 state pretrial appeals, double jeopordy, and Trahan 
  • 01/13/16 COA order A15-0832 re minor sexual assault victim names in briefs addenda 
  • 01/13/16 COA order A15-1782 certification of questions as important and doubtful, this one involving discovery sanctions 
  • 01/12/16 COA order A15-1932 certification of questions as important and doubtful, this one involving dismissal charges by the prosecutor, similar to Olson 
  • 01/06/16 COA order A15-0839 appeal dismissed when appellant is a fugitive  
  • 01/05/16 COA order A15-1712 atty signature did not match e-filer account 
  • 12/23/15 COA order A15-1951 motion to amend case caption using initials is denied 
  • 12/18/15 COA order A15-0747 fugitive status in part justifies dismissal without signed dismissal
  • 12/07/15 COA order A15-0839 COA declines to apply the fugitive dismissal rule and gives the fugitive an opportunity to turn himself in before dismissal
  • 11/25/15 COA order A15-0635 supplementing the record to add an email to the judge (attys should not email important matters to the judge)
  • 11/17/15 COA order A15-1782 process of district courts certifying questions as important and doubtful

 

 

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