Archive for the ‘Uncategorized’ Category

Search warrants

Tuesday, November 20th, 2018

Dog sniffs

A police officer's drug detection dog alerted at the threshold of defendant's apartment door, and police then obtained a warrant to search the apartment.  The search revealed two bullets and a scale that tested positive for a trace amount of methamphetamine.  After the State charged defendant with 5th degree controlled substance crime and possession of ammunition as a ineligible person, defendant successfully moved the trial court to suppress the evidence, arguing that the dog sniff leading to the warrant violated his constitutional rights.  The Minnesota Court of Appeals agreed with the trial court's decision to suppress the evidence because the police lacked reasonable suspicion to believe defendant's apartment contained methamphetamine, noting that the dog sniff did not arise from a reasonable suspicion of criminal activity.  Affirmed.

State v. Weyker, A18-0786, Dakota County.

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

Hearsay

Monday, November 19th, 2018

Statements against interest hearsay exception

Defendant challenged his convictions of, and sentences for, driving while impaired (DWI), and fifth degree controlled substance possession, raising two issues.  First, he sought a new trial based on the trial court's decision to exclude hearsay evidence, which he alleged qualified under the exception for a statement against the declarant's interest.  Second, he sought modification of one sentence, arguing his conviction arose from the same behavioral incident and that the trial court erred in determining the sentence.  The Minnesota Court of Appeals held that the trial court did not abuse its discretion in excluding the statement by an unavailable declarant, made on the eve of trial, alleging the declarant was actually driving the vehicle.  Affirmed.

State v. Whitaker, A17-1662, Hennepin County.

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

Jury instructions

Friday, November 16th, 2018

Lesser included offenses

Defendant challenged his conviction for attempted second degree intentional murder, arguing that he was entitled to a jury instruction on the lesser included offense of first degree assault.  The Minnesota Court of Appeals held that first degree assault is not a lesser included offense of attempted second degree murder.  Affirmed.

State v. Steurer, A17-1737, Ramsey County.

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

Lynne Torgerson wins stay of adjudication in domestic assault case

Tuesday, November 13th, 2018

Interference with 911

Ms. Torgerson's client was charged with misdemeanor domestic assault out of Carver County, State of Minnesota, whereby client was facing up to 90 days in jail and life long loss of rights to possess firearms.  Ms. Torgerson successfully obtained an amendment to 911 interference, with a Stay of Adjudication and no executed jail time, whereby the case will be dismissed in one (1) year, with no conviction, and no loss of gun rights.  Excellent result!

Expungement lawyer Lynne Torgerson obtains expungement of aggravated robbery conviction

Thursday, November 8th, 2018

Heartwarming story

Ms. Torgerson represented G.S. in an expungement.  At the time, G.S. was approximately 80 years old.  Early in life, he had been convicted of an aggravated robbery.  After, he led a law abiding, and exemplary, life.  He married and remained married for decades.  He had been employed for decades with a car dealership, and did all sorts of jobs for it.  He performed janitorial work.  He transported customers in a van.  He did whatever was asked of him, and was grateful for his job.  He paid off the mortgage on his home.  Indeed, how many people have you ever known who have actually paid off their mortgage.  All of his life he wanted to get this conviction off of his record.  He wanted to be free of the shame of it.  Then, came the hearing day.  A long time judge of Ramsey County District Court presided.  Ms. Torgerson made argument on behalf of Mr. G.S., and told the wonderful story of Mr. G.S.'s life.  Then, the judge announced that she was going to grant Mr. G.S.'s expungement.  With all due respect, at that time, the law really did not permit the court to grant Mr. G.S. an expungement.  However, mercy won out.  Mr. G.S. quietly shed tears of joy and relief after he heard the judge's decision.  Mr. G.S. was extremely grateful and finally felt free of his earlier conviction.  The Second Chance Law of expungements really worked in this case.  This is how justice is supposed to be administered; when necessary, not according to the letter of law.  Courts do need to grant extraordinary mercy, in equity, when the facts call for it.  Thank goodness the judge had the backbone to do the right thing.  Not long after however, Mr. G.S. discovered he had cancer, and sadly, passed.  At least however, he went free of his very old case.  God bless G.S.  May he rest in peace.

Criminal Defense Attorney Lynne Torgerson obtains victory for client in criminal vehicular operation case

Tuesday, November 6th, 2018

Felony criminal vehicular operation charge reduced to gross misdemeanor

Criminal Defense Lawyer Lynne Torgerson obtains very favorable result in criminal vehicular operation case.  Ms. Torgerson's client was charged with felony 1st degree criminal vehicular operation, great bodily harm.  He had allegedly driving a vehicular while under the influence of alcohol, and, had an accident, whereby his passenger was allegedly injured.  A felony conviction would have worked potential havoc in his life, having immigrated to the United States as a child with his parents, attended high school in the Twin Cities, but not yet having become a citizen.  Very fortunately, after approximately three (3) years of litigation, shortly before trial, the State agreed to reduce the charge to a gross misdemeanor.  Important to note is that the plea agreement needs to provide for a stay of not more than 364 days, to avoid immigration consequences.  Excellent work Ms. Torgerson!

Criminal defense lawyer Lynne Torgerson obtains stay of adjudication

Tuesday, November 6th, 2018

Lynne Torgerson obtains on behalf of client charged with 5th degree domestic, an amendment to disorderly conduct with a stay of adjudication

Criminal Defense Attorney Lynne Torgerson represented a client charged with 5th degree domestic assault out of the City of Minnesota, County of Hennepin, State of Minnesota.  Ms. Torgerson obtained an reduction in charge, an amendment to disorderly conduct, with a stay of adjudication, whereby the client is not convicted of anything, and, in 1 year, the case will be dismissed, presuming the client successfully completes probation.  There was also no DANCO and no no contact order.  Excellent result Ms. Torgerson!

Second Amendment Lawyer Lynne Torgerson wins another gun rights case in Cass County

Monday, October 8th, 2018

Lynne Torgerson, Esq. wins gun rights case in Cass County

Attorney Lynne Torgerson just won another gun rights case, this time in Cass County District Court, State of Minnesota.  Ms. Torgerson has now won gun rights cases in 29 different counties in the State of Minnesota.  Does any other lawyer in the State of Minnesota beat this record of victories?  Ms. Torgerson's client had a felony crime of violence conviction, a second degree assault conviction, as a youth, involving the use of a motor vehicle as a dangerous weapon to frighten another.  Said client has since matured, a good number of years have passed without recidivism, and the evidence showed he is not dangerous.  He has gotten married, graduated from higher education, obtained gainful employment in his chosen field, etc.  Congratulations to Ms. Torgerson and her client for a job well done!

Second Amendment Lawyer Lynne Torgerson wins another gun rights restoration case today

Friday, August 24th, 2018

Restoration of gun rights

Attorney Lynne Torgerson, today, won another gun rights restoration case out of Benton County, State of Minnesota.  Ms. Torgerson's client, as a young man in his 20s, had a couple of felonies, now about twelve (12) years ago.  Since that time, he turned his back on that lifestyle, got married, is gainfully employed, and showed that he has matured and is not dangerous.  Additionally, the Assistant County Attorney, Ms. Torgerson's opposing counsel, complimented Ms. Torgerson, stating he appreciated what a thorough job Ms. Torgerson does on her petitions.  Meeting the good cause standard, the Court, Judge Jesse presiding, granted his request to restore his Second Amendment rights to possess firearms.  Kudos to Ms. Torgerson and her client!  Winning!

Second Amendment rights to possess firearms restored

Thursday, August 23rd, 2018

Attorney Lynne Torgerson wins another gun rights restoration case

Gun rights restoration lawyer Lynne Torgerson has won another petition to restore rights to possess firearms.  This time it is out of Stearns County, State of Minnesota.  Ms. Torgerson's client had been convicted of a 3rd degree burglary in 1992, approximately twenty-six (26) years earlier.  He had no serious case(s) since that time, and had become a model husband, father, employee, church leader, citizen.  Kudos to Ms. Torgerson and her client!


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