Second Amendment Lawyer Lynne Torgerson wins restoration of gun rights in Carver County

August 5th, 2019

Minnesota Second Amendment Lawyer Lynne Torgerson wins restoration of gun rights in Carver County

Minnesota Second Amendment Attorney Lynne Torgerson wins gun rights restoration in Carver County, State of Minnesota.  Ms. Torgerson’s client had been convicted of 3rd degree felony criminal sexual conduct for engaging in a sexual relationship with a 15 or 16 year old girl when he was 21 years old.  When he was 39 years old, he sought restoration of his Second Amendment rights to possess firearms.  Over the intervening 18 years, he had obtained his GED, attended some college, had sole legal and physical custody of his teenage child, and established a career at his family owned business.  He also had successfully completed his probation, completed sex offender treatment, and completed his 10 year registration period with no violations.  Also, because he had received a stay of imposition of sentence, his conviction was deemed a misdemeanor.  Additionally, since his conviction occurred in 1995, he actually should have been automatically restored to his rights to possess firearms 10 years after discharge from probation.  He desired to have his Second Amendment rights restored, go hunting, go hunting with his child, and inherit firearms.  Finding good cause, the court order restoration of his gun rights.  Well done client and Ms. Torgerson.

Criminal Defense Lawyer Lynne Torgerson obtains dismissal of felony exploitation

August 5th, 2019

Minnesota Criminal Defense Attorney Lynne Torgerson obtains dismissal of felony financial exploitation of vulnerable adult case

Criminal Defense Attorney Lynne Torgerson obtains dismissal of felony financial exploitation of vulnerable adult case in Dakota County, State of Minnesota.  Initially, Ms. Torgerson worked out an agreement with the Dakota County Attorney’s Office that the case would receive a Diversion disposition.  Having successfully completed Diversion, the case was dismissed.  Well done client and Ms. Torgerson.

Prior consistent statements

August 9th, 2019

Admission of prior consistent statements as hearsay exception in criminal sexual conduct trial

Defendant challenged his criminal sexual conduct convictions, arguing that the trial court erred by admitting, as prior consistent statements, the child victims’ interviews with social workers; and that the prosecutor committed misconduct in closing argument.  Noting that the differences between the statements were not substantial and did not affect the elements of the offense, the Minnesota Court of Appeals concluded that the trial court did not abuse its discretion in admitting the interviews as prior consistent statements.  Affirmed.

State v. Danquah, A18-1581, Hennepin County.

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

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

August 12th, 2019

Second Amendment Attorney Lynne Torgerson wins gun rights restoration case out of Chisago County

Minnesota Second Amendment Lawyer Lynne Torgerson has won a gun rights restoration case out of Chisago County, State of Minnesota.  When Petitioner, Ms. Torgerson’s client was younger, he/she had a not insignificant number of cases.  Petitioner had an issue with methamphetamine, resulting drug related conviction(s) and a consequent prison sentence.  Since that case, 12 years elapsed, wherein Petitioner remained law abiding.  He also got married, obtained a GED, and completed community college.  He obtained gainful employment, wherein it would be helpful if he could possess firearms, as his employer turned down new business because Petitioner could not possess firearms.  Petitioner no longer used illegal drugs.  He had completed drug treatment, which was helpful.  As a child, Petitioner had positive experiences with firearms.  Finding good cause, The Honorable Robert Rancourt granted Petitioner’s petition to restore his Second Amendment rights to possess firearms.  Well done client, and, Ms. Torgerson.

Expungement Lawyer Lynne Torgerson wins assault expungement in Goodhue County

August 12th, 2019

Minnesota Expungement Attorney Lynne Torgerson wins expungement of assault conviction in Goodhue County

Minnesota Expungement Lawyer Lynne Torgerson won expungement of an assault conviction out of the County of Goodhue, State of Minnesota.  Initially, Ms. Torgerson’s client was charged with gross misdemeanor 911 interference, and domestic assault.  In the intervening years, Ms. Torgerson’s client had gotten married, raised 3 children, maintained a successful 40 year career, and had become a pilot and minister.  He/she had also not incurred a criminal conviction for 14 years.  Ms. Torgerson’s client wished to obtain an expungement primarily so that he/she could regain his/her Second Amendment rights to possess firearms.  A collateral consequence of an expungement in a state court is that under federal law, the federal law prohibition on possession of firearms is supposed to be removed.  At this time, the FBI/ATF/NICS seem to be resistant to obeying the law; we shall see.  The Goodhue County Attorney’s Office did not oppose the request for expungement.  The Goodhue County District Court concluded that Ms. Torgerson’s client had established by clear and convincing evidence that his interest in expungement was commensurate to the disadvantage to the State in having the records expunged and granted the extraordinary remedy of expungement.  Well done client and Ms. Torgerson.

Sufficiency of the evidence in 1st degree assault conviction

August 12th, 2019

Whether the evidence was sufficient to prove that defendant intentionally caused great bodily harm to  a young child in her to uphold 1st degree assault conviction?

Defendant challenged her first degree assault conviction, arguing that (1) the evidence was insufficient to prove she intentionally caused great bodily harm to a young child in her care; (2) the trial court abused its discretion by admitting testimony and photographs regarding the child’s injury and recovery; and (3) defense counsel was ineffective by failing to seek a Frey-Mack hearing or retain a biomechanical engineer expert witness.  The Minnesota Court of Appeals concluded that evidence that the infant’s traumatic brain injury occurred while he was in the defendant’s sole care, that minor bumps and traumas the infant experienced in the hours before he was in defendant’s care did not cause his injury, and that his severe brain injury was not caused by a stroke or other metabolic condition was sufficient to support defendant’s conviction.  Affirmed.

State v. Grimm, A17-1518, Dakota County.

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

Witness tampering

August 13th, 2019

Whether there was sufficient evidence to prove domestic assault and witness tampering?

Defendant was convicted of domestic assault by a habitual offender and of witness tampering.  On appeal, defendant argued that the government failed to present evidence sufficient to prove each element of both offenses.

Where the victim’s injuries could allow a reasonable jury to find that defendant did or intended to cause bodily harm and where defendant expressly asked the victim not to appear at trial, the government presented sufficient evidence to convict defendant on both counts.  Judgment is affirmed.

United State v. Oka, 18-2315, appealed from the District of South Dakota, per curiam.

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

Felon in possession of ammunition

August 15th, 2019

Federal criminal sentence consecutive to state sentences error of law

Defendant pleaded to guilty to being a felon in possession of ammunition.  The District Court sentenced him to 84 months of incarceration consecutive to his undischarged state sentences.  On appeal, defendant argued that the District Court erroneously concluded that consecutive sentences were required.

Where the District Court’s ruling never stated its conclusion that consecutive sentences were required nor was its discussion indicative that the District court based its decision on the possibility of defendant’s early release from state incarceration, the District Court’s sentence did not arise from plain error.  Judgment is affirmed.

United States v. Bonnell, 18-2371, appealed from the Southern District of Iowa, per curiam.

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

Statute of limitations on criminal sexual conduct charges

August 15th, 2019

Whether charges of criminal sexual conduct were barred by statute of limitations?

Defendant challenged his convictions of, and sentences for, two counts of first degree criminal sexual conduct, arguing that (1) the charges were barred by the statute of limitations and (2) the trial court erred by imposing two consecutive 144 month sentences on remand after his successful appeal.  The Minnesota Court of Appeals concluded that the rumor that the town baker relayed to a police investigator in 2003 was insufficient to put the investigator on actual notice that a specific criminal offense may have occurred, as could have triggered three year period for State to charge defendant; the baker’s statement described general conduct rather than conduct that would constitute a specific criminal offense.  Affirmed.

State v. Avila, A18-1567, Lyon County.

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

Postconviction relief

August 17th, 2019

Knaffla Bar

Defendant was convicted of first degree murder as an accomplice.  On direct appeal, her conviction was affirmed.  Defendant then sought postconviction relief, asserting several claims of error.  The trial court denied her petition without a hearing.

The Minnesota Supreme Court held that (1) the trial court did not abuse its discretion when it held that defendant’s claims were procedurally barred; and (2) the trial court did not abuse its discretion when it denied defendant’s ineffective assistance of appellate counsel’s claim on the merits.  Affirmed.

Onyelobi v. State, A19-0003, Hennepin County.

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