Juvenile jurisdiction

July 12th, 2019

Juvenile jurisdiction lapses if not reviewed in 180 days of stay of adjudication?

Defendant challenged his adjudication of delinquency and the district court’s award of restitution.  Defendant argued that because the trial court failed to review his case after 180 days, it violated Minn. Stat. §260B.198, subd. 7, and therefore lacked subject matter jurisdiction to adjudicate him delinquent.  The Minnesota Court of Appeals held that, because the trial court did not conduct a review hearing within the first 180 days of defendant’s stay of adjudication, it lacked jurisdiction to adjudicate him delinquent.  Reversed in part and remanded.

In re Welfare of C.A.H., A18-1821, Blue Earth County.

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

Minnesota Gun Rights Restoration Lawyer Lynne Torgerson wins another case out of Stearns County

July 15th, 2019

Second Amendment Lawyer Lynne Torgerson wins another gun rights restoration case out of Stearns County

Minnesota Second Amendment Attorney Lynne Torgerson won another gun rights restoration case out of Stearns County.  The disqualifying offense was a 3rd degree burglary.  Having established good cause, Ms. Torgerson’s client’s rights to possess firearms was restored.  Well done Ms. Torgerson!

Minnesota Second Amendment Lawyer Lynne Torgerson wins another gun rights restoration case out of Benton County

July 15th, 2019

Minnesota Gun Rights Restoration Lawyer Lynne Torgerson wins another case out of Benton County

Minnesota Gun Rights Restoration Attorney Lynne Torgerson won another case out of Benton County, State of Minnesota.  The disqualifying crimes of conviction were 2nd degree aggravated robbery, and, aiding and abetting 1st degree burglary.  Petitioner had committed these crimes when he was a teenager.  Since that time, he had graduated from high school, gotten married, established a career path, wanted to become a Hunting Guide, and had no convictions for 11 years.  Petitioner also wanted to get his Second Amendment rights to possess firearms restored, go hunting, teach his children gun safety and to hunt, and maintain the family tradition.  Finding good cause, the court restored petitioner’s rights to possess firearms.  Well done Ms. Torgerson!

Petition for expungement of driving while under the influence

July 17th, 2019

Expungement of DWI/DUI

Defendant challenged the trial court’s denial of his expungement petition.  Defendant had pleaded guilty to misdemeanor careless driving, and two DWI counts had been dismissed, and later petitioned for expungement of the records relating to this case.  The Minnesota Court of Appeals concluded that the trial court erred when it characterized as fact unproven allegations of defendant driving with an alcohol concentration of .08, noting that no evidence or testimony was introduced during the expungement hearing to support a finding regarding defendant’s alcohol concentration.  Reversed and remanded.

State v. D.K.Z., A18-1925, Hennepin County.

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

Filing fee for expungement petition

July 18th, 2019

Under what circumstances may the filing fee for an expungement be waived?

Defendant challenged the Anoka District Court’s denial of his filing fee waiver request in his petition to expunge a petty misdemeanor conviction.  The Minnesota Court of Appeals held that a decision whether to waive the filing fee in an action to expungement criminal records is governed by Minn. Stat. §609.03, the relevant expungement statute, and not by Minn. Stat. §563.01, the in forma pauperis statute.  The expungement statute provides that a the filing fee shall be waived when the case was resolved in favor of the petitioner.  Reversed and remanded.

State v. Scheffler, A19-0488, Anoka County.

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

Contempt of court

July 18th, 2019

Order must clearly define acts to be performed in order to find violation a contempt of court

After the dismissal of a child protection case, the Morrison County District court initiated a contempt proceeding against an attorney who had represented the mother of the children who were the subjects of the case.  The trial court issued a show cause order and thereafter conducted a hearing at which it questioned the attorney without allowing her to offer any evidence. At the conclusion of the hearing, the trial court found the attorney to be in contempt of court and fined her $1000.00.  The Minnesota Court of Appeals concluded that the trial court erred by finding the attorney in contempt without finding that its oral order that attorney violated clearly defined the acts to be performed by her and without finding that she failed to engage in the required acts.  Reversed.

In re Welfare of Children of A.S.A.W., A18-1950, Morrison County.

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

Hearsay in domestic assault jury trial

July 20th, 2019

Hearsay exception of recorded recollection in domestic assault jury trial

Following a jury trial, defendant was found guilty and convicted of one count of domestic assault for an incident in which he threatened his then girlfriend.  In this direct appeal, defendant argued that a prior statement that the victim made to the police was not “read into evidence” within the meaning of Minn. R. Evid. 803(5), and that, without that statement, the evidence was insufficient to prove his guilty beyond a reasonable doubt.  Defendant argued that the prosecutor’s reading of the transcript in leading questions to the victim did not count as reading it into evidence.  The Minnesota Court of Appeals found no error, noting that while the victim did not actually read aloud the recorded recollection, the prosecutor’s method of reading in the transcript was functionally identical.  Affirmed.

State v. Johnson, A18-1028, Todd County.

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

Firearms lawyer Lynne Torgerson wins negligent storage of firearms case

July 22nd, 2019

Gun charges lawyer Lynne Torgerson obtains dismissal of negligent storage of firearms case

Minnesota gun charges lawyer Lynne Torgerson obtained dismissal of a case charging negligent storage of firearms.  Ms. Torgerson’s client was charged with negligent storage of firearms after a grandson injured himself with her client’s firearm.  Initially, Ms. Torgerson obtained a stay of adjudication of the case.  Thereafter, upon successful completion of probation, the entire case was dismissed.  This means her client has no conviction on his record.  Well done client and Ms. Torgerson!

Gun rights restoration lawyer Lynne Torgerson won case in Chippewa County

July 22nd, 2019

Gun rights restoration attorney Lynne Torgerson won gun rights restoration case out of Chippewa County

Minnesota gun rights restoration lawyer Lynne Torgerson won a gun rights restoration case out of the County of Chippewa, State of Minnesota.  Ms. Torgerson’s client, earlier in life, had two (2) disqualifying drug convictions.  One was a 3rd degree possession of methamphetamine, for which he/she received a prison sentence of 84 months.  Thereafter, Ms. Torgerson’s client eliminated drugs and alcohol from his/her life, and did not have a criminal conviction for 15 years.  He also was a homeowner, had full physical custody of his son, owed no child support, graduated from college with an A.A. in Auto Body Technology, obtained training for CPR and First Aid, and was a long term ten (10) year employee.  Well done client and Ms. Torgerson!

Hearsay in first degree criminal sexual conduct jury trial

July 23rd, 2019

Prior consistent statement hearsay exception in first degree criminal sexual conduct jury trial

In this direct appeal from final judgments of conviction for multiple counts of first degree and attempted first degree criminal sexual conduct, defendant argued that (1) the trial court abused its discretion by admitting the victim’s out of court recorded statements at trial, (2) his multiple offenses represented a single behavioral incident and he should have received only one sentence, (3) his 360 month sentence is disproportionately long, and (4) the trial court erred by convicting defendant on all counts.  The Minnesota Court of Appeals concluded that, though the victim’s recorded statements might not have been consistent with her trial testimony regarding where and when the acts of criminal sexual conduct took place, the trial court did not commit plain error in admitting the unobjected to statements, noting they were not clearly or obviously inadmissible hearsay.  However the trial erred by convicting defendant on all counts.  Affirmed in part, reversed in part, and remanded.

State v. Hamad, A18-1006 (Clay County).

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