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.

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.

DWI blood test by medical personnel not privileged

March 20th, 2019

Blood test by medical personnel in DWI case held not privileged

At issue in this case was whether a blood sample drawn by a medical professional during the course of emergency medical treatment is “information” within the scope of Minnesota’s statutory physician-patient privilege, codified at Minn. Stat. §595.02, subd. 1(d).  Because the trial court determined that the physician-patient privilege covered a blood sample, it granted the defendant’s motion to suppress the results of a blood alcohol concentration test derived from the blood sample.  The Minnesota Court of Appeals reversed, concluding that a blood sample did not fall within the plain meaning of the word “information” as used in the statute, and therefore was not subject to the physician-patient privilege.

The Minnesota Supreme Court held that blood sample are not “information” protected by the physician-patient privilege codified at Minn. Stat. §595.02, subd. 1(d).  Affirmed.

Commentary:  terrible decision.  The Minnesota Supreme Court is allowing a medical personnel, charged with caring for patients, to become an adversarial witness against his patient.  Terrible policy.  Terrible decision.

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

Sufficiency of the evidence

March 25th, 2019

Criminal sexual conduct victim recantation

Defendant challenged his convictions for second degree criminal sexual conduct and domestic assault by strangulation, asserting the evidence was insufficient to support them.  The Minnesota Court of Appeals concluded that the victim’s out of court statements were clearly sufficient to allow the jury to conclude that defendant assaulted her, despite the fact that she recanted and testified before the jury that the assault did not occur.  Affirmed.

State v. Jaranow, A18-0693, Stearns County.

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

Burglary

March 26th, 2019

Does a victim have to be present and see an alleged dangerous weapon

Defendant challenged his conviction for first degree burglary, which was based on the finding that, while wrongly inside of a house, defendant at some point possessed a BB gun.  The Minnesota Court of Appeals affirmed, concluding that the applicable statute did not require that a victim be present.

The Minnesota Supreme Court held that, under the plain language of Minn. Stat. §609.582, subd. 1(b), first degree burglary committed while possessing “any article used of fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon” requires that the victim be physically present during the burglary.  Reversed and remanded.

State v. Rogers, A17-0986, Minnesota Supreme Court.

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