Archive for the ‘Uncategorized’ Category

Spreigl evidence

Saturday, August 18th, 2018

Prejudicial error

Defendant was convicted of and sentenced for both first degree sale of a controlled substance (sales aggregated over 90 days) and second degree sale of a controlled substance (sale in a school zone).  Defendant challenged his convictions, arguing that the trial court erred in admitting evidence of a previous drug possession offense.  Defendant also argued that the trial court erred in convicting him of and sentencing him for both the first and second degree sales crimes.  The Minnesota Court of Appeals concluded that any error by the trial court in admitting the previous offense evidence was not prejudicial, noting that the testimony regarding the prior offense was brief, the prosecutor made no mention of the evidence in closing argument, and the trial court gave two cautionary instructions on the use of Spreigl evidence.  However, the trial court erred in entering a conviction for the the second degree sale offense.  Affirmed in part, reversed in part, and remanded.

State v. Lester, A17-1248, Waseca County.

Attorney Lynne Torgerson was not attorney of record in this case.

Impeachment evidence

Thursday, August 16th, 2018

Harmless error

Defendant challenged his conviction of second degree aggravated robbery, arguing that he was entitled to a new trial, first, because the trial court abused its discretion by ruling that the State could impeach defendant, if he chose to testify, with a prior conviction.  Second, defendant contended that the State committed prejudicial prosecutorial misconduct during this trial.  The Minnesota Court of Appeals concluded that the trial court failed to make explicit findings and apply the Jones factors in ruling on the evidentiary issue, and thus abused its discretion.  However, the error was harmless because defendant's proferred testimony was not critical to his defense, and the State's case was strong.  Further, the prosecutor did not commit prejudicial misconduct.  Affirmed.

State v. Bandow, A17-1222, Washington County.

Lynne Torgerson, Esq. was not attorney of record in this case.

Drug testing

Tuesday, August 14th, 2018

Public assistance

Appellant challenged the denial of her application for Minnesota supplemental aid (MSA).  After a hearing, respondent commissioner concluded that Minn. Stat. § 256.024, subd. 1, unambiguously conditioned appellant's receipt of MSA benefits on submission to random drug testing.  The district court concluded on appeal that the drug testing requirement within §256D.024, subd. 1(a) did not violate the doctrine of unconstitutional conditions.  On appeal, appellant argued that the commissioner erred in concluding that the statute unambiguously applied to her, and the trial court erred in concluding that the statute is constitutional.  The Minnesota Court of Appeals held that the statute was ambiguous, and the canons of construction resolved the ambiguity in favor of appellant.  Therefore, a condition of random drug testing within §256D.024, subd. 1, for receipt of benefits under chapter 256D applies to person who become eligible for benefits during the five year period following completion of a court ordered sentence for a qualifying drug crime and does not extend beyond the five year period.  Reversed.

Verhein vl Piper, A17-1938, Washington County.

Lynne Torgerson, Esq. was not attorney of record in this case.


Sunday, August 12th, 2018

Civil commitment

Appellant appealed from the judicial appeal panel's denial of his petition for provision discharge, full discharge, or transfer, arguing that he established a prima facie case for discharge and that the preponderance of the evidence supported a transfer. Appellant was civilly committed as a sexually psychopathic personality (SPP) and a sexually dangerous person (SDP)>  The Minnesota Court of Appeals held that appellant failed to establish a prima facie case for provisional or full discharge, and the panel's determination that appellant should not be transferred was not clearly erroneous.  Affirmed.

In re Civil Commitment of Senty-Haugen, A-18-0240, Judicial Appeal Panel.

Lynne Torgerson, Esq. was not attorney of record in this case.

Lynne Torgerson wins another Second Amendment victory

Monday, June 11th, 2018

Gun rights restoration out of Becker County

Lynne Torgerson, one of the best Minnesota Second Amendment lawyers, won yet another gun rights restoration case.  This time it was out of the City of Detroit Lakes, County of Becker, State of Minnesota.  Ms. Torgerson has now, therefore, won gun rights cases in 28 counties in the State of Minnesota, as well as at the Minnesota Court of Appeals.  The Honorable Galen Vaa presided.  Judge Vaa is a noble supporter of the Second Amendment.  Ms. Torgerson had an old felony, approximately 30 years old felony, that had caused him to lose his gun rights.  He had led a law abiding lifestyle since, and been a contributing member of society.  Having established good cause, the Court awarded Ms. Torgerson's client with restoration of his rights to possess firearms.

Attorney Lynne Torgerson wins at Minnesota Court of Appeals

Thursday, January 11th, 2018

Harassment restraining order win

Lynne Torgerson, Esq., Harassment Restraining Order Lawyer, recently won a case at the Minnesota Court of Appeals.  Attorney Lynne Torgerson has excellent legal research and writing skills, as evidenced by her repeated wins at the Minnesota Court of Appeals.  Recently, she won another case, a harassment restraining order case, at the Minnesota Court of Appeals.  At the trial court level, her client had obtaining a restraining order against his ex-girlfriend.  She appealed.  On appeal, her client prevailed.  Excellent result Lynne Torgerson!

Lynne Torgerson, Criminal Defense Lawyer, obtains dismissal of felony threats of violence case

Wednesday, July 26th, 2017

Lynne Torgerson obtains dismissal of felony threats of violence case in Ramsey County

Lynne Torgerson, Criminal Defense Attorney, obtained a dismissal of a felony threats of violence case in Ramsey County on behalf of her client.  It was alleged that her client stabbed her husband in his shoulder with a knife.  Just short of appearing for a jury trial, the State dismissed the charges in the interest of justice.

Lawyer Lynne Torgerson’s Second Amendment gun rights win in Crow Wing County

Thursday, June 29th, 2017

Gun rights restoration win in City of Brainerd, County of Crow Wing, State of Minnesota

Lynne Torgerson, Esq. wins another gun rights restoration case, this time in Crow Wing County, State of Minnesota, which is in the City of Brainerd.  And, this time, it is a female!  Go ladies!  Ms. Torgerson has now won gun rights cases in approximately 27 different counties/jurisdictions in the State of Minnesota.  Most lawyers have not even had cases in 27 different counties, yet Ms. Torgerson has won gun rights cases in approximately 27 different counties.

In this case, Ms. Torgerson's client had had a felony conviction a few years earlier, but had turned her life around.  The presiding judge, Judge Earl E. Maus, is a true Second Amendment supporter.  Vote for Judge Maus!  It is evident that he supports our Second Amendment Constitutional rights.


Gun rights restoration lawyer Lynne Torgerson wins in Chippewa County

Wednesday, June 21st, 2017

Gun rights restoration victory

Gun rights restoration lawyer, Lynne Torgerson, Esq.,, won another gun rights restoration case in Chippewa County, State of Minnesota.  Ms. Torgerson has now won gun rights cases in 27 counties in the State of Minnesota.  Under Minnesota law, a person can get their Second Amendment rights restored even after being convicted of a felony.  This usually occurs where a person had been convicted of a felony years earlier, and have turned their life around, living a life of a law abiding citizen.

Lynne Torgerson, Esq.

Expungement lawyer Lynne Torgerson wins expungements of aggravated robbery conviction, assault, disorderly conduct

Sunday, October 2nd, 2011

Aggravated robbery conviction expunged

Over 50 years after his conviction , expungement lawyer Lynne Torgerson secures an expungement for Grady Shockley, a wonderful gentleman nearly 80 years old. Watch this heart warming story.

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