Archive for the ‘Uncategorized’ Category

DWI via spiked drink

Monday, June 24th, 2019

Trial court must give involuntary intoxication jury instruction in case of spiked drink

Defendant argued that his convictions for driving while impaired and careless driving should be reversed because the trial court erroneously refused to instruct the jury on his affirmative defense of involuntary intoxication.  The Minnesota Court of Appeals concluded that defendant made a prima facie showing of involuntary intoxication by testifying that he left his club soda unattended when he went to the bathroom, that he had been chatting with a woman who was near the drink, that he later notice that he was missing $300 in cash, and that alprazolam was the only drug that was present in defendant’s system.  Reversed and remanded.

State v.  Donner, A18-1054, Hennepin County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Enhancement to felony

Friday, June 21st, 2019

Domestic assault enhancement

At issue in this case was whether the felony enhancement provision in the domestic assault statute, Minn. Stat. §609.2242, subd. 4, is ambiguous.  Finding no ambiguity, the Minnesota Supreme Court held that, because defendant allegedly committed domestic assault within 10 years of “the first of any combination of two or more previous qualified domestic violence related offense convictions” the unambiguous language of Minn. Stat. §609.2242, subd. 4, supported the felony charges and the trial court erred in holding otherwise.  Affirmed.

State v. Defatte, A18-0881.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Constitutionality of ordinance

Friday, June 21st, 2019

A municipal ordinance is struck down as violating the constitution because bars yard signs based upon content

Where a property owner moved to preliminarily enjoin the enforcement of a city ordinance that restricted the number of signs displayed on private property, the ordinance is a content based regulation, and the city’s interests in traffic safety and aesthetics were not compelling, so the ordinance could not satisfy strict scrutiny, and the judgment denying the injunction is reversed because the ordinance was also facially overbroad, so the plaintiff was likely to prevail on his claim brought under the First Amendment.  Judgment is reversed and remanded.

Wilson v. City of Bel-Nor, 18-1753, appealed from the Eastern District of Missouri, Benton, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Sentencing

Thursday, June 20th, 2019

Armed Career Criminal Act

Where a defendant challenged his sentence under the Armed Career Criminal Act, based on his two prior North Dakota convictions for willful aggravated assault, the convictions do not qualify as violent felonies for the purposes of Section 924(e), so the denial of relief is vacated.  Denial of relief vacated; remanded.

Mountain v. U.S., 17-3771, appealed from the District of North Dakota, per curiam.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Controlled substance crime involving marijuana

Wednesday, June 19th, 2019

Transferring medical marijuana to a person not allowed by law

Following its ruling on defendants’ motions to dismiss charges for intentionally transferring medical cannabis to a person other than allowed by law, the trial court certified the question:  are sister wholly owned subsidiaries of the same parent company one “person,” such that a transfer of cannabis oil from one subsidiary to the other cannot violate Minn. Stat. §152.33, subd. 1.

The Minnesota Court of Appeals held that wholly owned subsidiaries of the same parent corporation are separate “persons” under Minn. Stat. §152.33, subd. 1.  Certified question answered in the negative.

State v. Owens, A18-1800, Wright County.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Appeal from a denial of a permit to carry

Tuesday, June 11th, 2019

Appeal from a denial of a permit to carry and expungement

Appellant challenged a trial court’s denial of his petition for a writ of mandamus to compel a county sheriff to issue a permit to carry a pistol, arguing that the court erroneously concluded that his domestic assault conviction was not expunged under federal law because a trial court expunged it solely under its inherent authority.  The Minnesota Court of Appeals reversed the trial court.

The Minnesota Court of Appeals held that (1) under 18 U.S.C. §921(a)(33)(B)(ii), a person convicted of a “misdemeanor crime of domestic violence,” as defined in 18 U.S.C. §921(a)(33)(A), is not considered convicted of such an offense when the conviction is expunged by a trial court under its inherent authority, unless the expungement order expressly provides that the person may not ship, transport, possess, or receive firearms; and (2) a sheriff lacks discretion to deny any applicant a permit to carry under Minn. Stat. §§624.713, subd. 1(12), 714., subd. 2(b), on the basis that the applicant’s conviction of a misdemeanor domestic assault was expunged solely under a trial court’s inherent authority.  Reversed and remanded.

Bergman v. Caulk, A18-1784, Isanti County.

Minnesota Second Amendment Lawyer Lynne Torgerson was not attorney of record in this case.

National Trial Lawyers Association awards Criminal Defense Lawyer Lynne Torgerson Top 100 in country

Monday, June 3rd, 2019

Minnesota Criminal Defense Lawyer Lynne Torgerson awarded Top 100 Criminal Defense Lawyers by National Trial Lawyers Association

Criminal Defense Lawyer Lynne Torgerson has been awarded prestigious Top 100 from the National Trial Lawyers Association.  Well done Ms. Torgerson!

 

 

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of 5th degree controlled substance crime

Sunday, June 2nd, 2019

Minnesota Expungement Attorney Lynne Torgerson obtains expungement of felony 5th degree possession of crack cocaine

Expungement Lawyer Lynne Torgerson won expungement/expunction of a felony 5th degree possession of controlled substance crack cocaine, out of Ramsey County, State of Minnesota.  Ms. Torgerson’s client had been convicted of felony 5th degree possession of a controlled substance, namely, crack cocaine.  Ms. Torgerson’s client had remained law abiding for a good amount of time, and needed expungement of these records for employment purposes, in particular, with Metro Transit, the Post Office, or as a security guard.  The Ramsey County District Court granted his request and ordered expungement of his criminal records.  Well done Ms. Torgerson!

Expungement Attorney Lynne Torgerson wins expungement of felony level theft

Sunday, May 26th, 2019

Minnesota Expungement Attorney Lynne Torgerson wins expungement of a felony level theft case

Minneapolis Expungement Lawyer Lynne Torgerson won expungement of a felony theft case out of Stearns County, State of Minnesota.  Ms. Torgerson’s client was charged with felony theft.  Evidently, he looked like a photo of the perpetrator.  However, Ms. Torgerson’s produced copies of a plane ticket showing he was in Jamaica at the time of the crime alleged, and, telephone records, showing he spoke with his father via telephone from Jamaica at the time of the crime alleged.  Hence, the prosecutoin dismissed the case against him.  Ms. Torgerson’s client also needed to obtain a expungement of the records created in connection with the charged case, as they were causing him problems in Canada, with his ability to remain a resident there, and, work in Canada.  Fortunately, the court granted Ms. Torgerson’s client’s request for these problematic records.  Well done Ms. Torgerson!

Criminal Defense Lawyer Lynne Torgerson wins expungement

Sunday, May 26th, 2019

Minnesota Expungement Lawyer Lynne Torgerson wins felony theft expungement in Douglas County

Minnesota Expungement Attorney Lynne Torgerson won expungement of felony theft case out of Douglas County, State of Minnesota.  Ms. Torgerson’s client, now residing in Canada, needed to have these records sealed so that he could reside and work in Canada.  Well done Ms. Torgerson!


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