Firearms Lawyer Lynne Torgerson wins stay of adjudication

March 3rd, 2019

Second Amendment Lawyer Lynne Torgerson wins stay of adjudication in carrying without a permit case

Ms. Torgerson’s client was charged with carrying a pistol without a permit, no proof of insurance, possession of marijuana, and possession of paraphernalia, out of Dakota County.  Ms. Torgerson obtained on her client’s behalf a stay of adjudication on the carrying without a permit charge, with the remaining counts dismissed.  Presuming the client successfully completes probation, the carrying without a permit charge will be dismissed.  Well done Ms. Torgerson!

Gun rights restoration lawyer Lynne Torgerson wins restoration of rights to possess firearms

March 3rd, 2019

Gun rights lawyer Lynne Torgerson wins gun rights restoration following aiding and abetting drive by shooting

Second Amendment Attorney Lynne Torgerson won a gun rights restoration case out of the County of Hennepin, State of Minnesota.  Ms. Torgerson’s client, as a youth, was convicted of the crime of violence of aiding and abetting drive by shooting.  Since that time, he had become a firefighter and a mayor of a local suburban city testified on his behalf.  Further, the Hennepin County Attorney’s Office did not oppose restoration.  Consequently, the court ordered restoration of his rights to possess firearms.

Specific intent not required

March 7th, 2019

Indecent exposure is a general intent crime not a specific intent crime

Defendant was convicted of gross misdemeanor indecent exposure for conduct that occurred on a public sidewalk in the presence of children who were under the age of 16.  On appeal, defendant contended that the indecent exposure statute required the State to prove that he engaged in conduct with a specific intent to be lewd, and therefore, the Minnesota Court of Appeals erred when it affirmed the trial court’s denial of his request for a jury instruction on the defense of involuntary intoxication.

The Minnesota Supreme Court held that (1) its previous interpretations of the indecent exposure statute, Minn. Stat. §617.23, subd. 2, did not add the element of specific intent; and (2) the plain and unambiguous language of the indecent exposure statute creates a general intent crime.  Affirmed.

State v. Jama, A17-0481, Minnesota Supreme Court.

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

Adequate factual basis

March 7th, 2019

Motion to withdraw plea

The trial court accepted defendant’s guilty plea to illegal possessing cocaine and a gun.  Defendant appealed his consequent convictions, arguing that his plea hearing statements admitting that he was taking responsibility for the cocaine and that he was taking possession and ownership of the gun provided an insufficient factual basis for his pleas.  The Minnesota Court of Appeals concluded that defendant’s admissions, which included his attorney’s imprecisely worded inquiries, suggested no real ambiguity in the facts that established his guilty.  Affirmed.

State v. Coatie, A18-0458, Scott County.

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

Harassment

March 8th, 2019

Harassment restraining orders

Defendant challenged a harassment restraining order (HRO), arguing that the record evidence was not sufficient because his conduct was not “objectively unreasonable nor repeatedly intrusive,” he did not intend to harass respondent, and there was no evidence that respondent was “substantially and adversely affected in her safety, security or privacy.”  The Minnesota Court of Appeals concluded that defendant’s sending of unsolicited flowers and cards to respondent, whom he had never met, combined with posting of signs containing song lyrics on her property was sufficient to constitute harassment.  Affirmed.

Anderson v. Busse, A18-0699, Watonwan County.

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

Criminal Defense Attorney Lynne Torgerson wins dismissal of 5th degree criminal sexual conduct in juvenile case

March 10th, 2019

Juvenile Defense Lawyer Lynne Torgerson obtains dismissal of 5th degree criminal sexual conduct juvenile case in Wright County, State of Minnesota

Criminal Defense Lawyer Lynne Torgerson obtained a dismissal of a 5th degree criminal sexual conduct case out of the County of Wright, State of Minnesota.   Ms. Torgerson’s client, a juvenile of approximately 14 years old, had been charged with gross misdemeanor 5th degree criminal sexual conduct for allegedly having a sexual encounter with another child when he was approximately 11 years old.  Exercising compassion, the State allowed Ms. Torgerson’s client to go through treatment, and then the case was dismissed.  Sometimes mercy in the justice system is a good thing.  Well done Ms. Torgerson, her client and the prosecutor!

Criminal Defense Attorney Lynne Torgerson obtains agreement of dismissal of vaping in airport

March 10th, 2019

Criminal Defense Lawyer Lynne Torgerson obtains continuance for dismissal of vaping in airport charge

Minnesota Criminal Defense Attorney Lynne Torgerson obtained a continuance for dismissal of a vaping in airport charge.  This type of charge is a misdemeanor with a maximum penalty of up to 90 days in jail and a $1000 fine.  Ms. Torgerson’s client had no prior criminal record.  Kindly, the prosecution agent was willing to grant some mercy and agreed to a continuance of dismissal.  This means that provided the defendant essentially pays costs and remains crime free, in 1 year, the case will be dismissed, thus keeping Ms. Torgerson’s client’s record clean.  A clean record is something very important to protect.  Well done Ms. Torgerson, client, and prosecution agent!

Ability to pay

March 12th, 2019

A defendant’s ability to pay restitution

Defendant pleaded guilty to assault, and the trial court ordered him to complete a one (1) year residential treatment program and to pay restitution within one (1) year.  The Minnesota Court of Appeals noted that the trial court’s order prevented it from reviewing whether it acted within its discretion to order restitution because the order was unclear how defendant, who was unemployed and homeless, could pay restitution within a deadline that coincided with the end of his residential treatment.  Reversed and remanded.

State v. Clark, A18-0739, Hennepin County.

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

Judge communicates with jury

March 13th, 2019

Was it prejudicial misconduct for judge to communicate with jury outside of open court?

Defendant argued that he was entitled to a new trial because the trail court judge communicated with the jury outside of open court without his consent or knowledge, and without making a contemporaneous record of the communication.  The Minnesota Court of Appeals concluded that the communications regarding the timeline for deliberation constituted housekeeping matters and did not implicate defendant’s due process right to be present.  Affirmed.

State v. Kasal, A18-0381, Ramsey County.

Criminal Defense Attorney Lynne Torgerson was not attorney of record for this case.

Intent

March 15th, 2019

Trespassing

In this appeal from the trial court’s denial of defendant’s petition for post conviction relief, defendant argued that his conviction of misdemeanor trespassing must be reversed because the State failed to prove beyond a reasonable doubt that he returned to the property with the intent to disturb his neighbor.  The Minnesota Court of Appeals concluded that, based on the totality of the circumstances and the history of conflict between the neighbors, the only reasonable inference was the defendant, when he first drove on the property, knew that his neighbor would be disturbed.  Affirmed.

Sandstrom v. State, A18-0967, St. Louis County.

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