Drug offense sentence appeal

November 8th, 2019

Partial appeal waiver in below guidelines sentence for drug offense 

Defendant appealed the below guidelines sentence imposed after defendant pleaded guilty to a drug offense pursuant to a plea agreement containing a partial appeal waiver.

Where defendant’s appellate argument challenged an essential element of the offense of conviction, defendant’s appeal fell within the scope of the appeal waiver.  Judgment affirmed.

United States v. Wadden, 18-3340, appealed from the Southern District of Iowa, per curiam.

Felon in possession of a firearm aggravated sentence

November 10th, 2019

Defendant in felon in possession of a firearm case receives aggravated sentence 

Defendant pleaded guilty to being a felon in possession of a firearm.  Upon consideration of the statutory sentencing factors, the trial court concluded that aggravating factors, including discharging a firearm in the vicinity of his wife and pointing it in the direction of a bystander, outweighed the mitigating factors.  The District Court therefore varied upward for defendant’s sentencing.

Where the District Court thoroughly explained its reasons for imposing an upward variance to defendant’s sentence, it did not abuse its sentencing discretion.  Judgment is affirmed.

United States v. Garcia, 18-2125, appealed from the Western District of Arkansas, per curiam.

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

November 10th, 2019

Minnesota Second Amendment Attorney Lynne Torgerson wins gun rights restoration in Hennepin County 

Ms. Torgerson’s client, now 39 years old, sought restoration of his Second Amendment rights to possess firearms in Hennepin County.  Mr. Torgerson’s owned his own home, was a graduate from high school, and obtained some higher education at a community college.  He had also become a Licensed Contractor, and a Real Estate License.  He was also President of a renovation firm, where he had been employed for 12 years.  When her client was 18 years old, a teenager, he was convicted of simple robbery.  For his sentence, he received a Stay of Imposition, whereby his conviction was now deemed a misdemeanor as a matter of law.  In the intervening 22 years, Ms. Torgerson’s client did not have another felony conviction.  He now wished to have his Second Amendment rights restored, and go hunting, in which he engaged as a child.  His petition was granted by The Honorable Ann Alton.  Well done Ms. Torgerson.

3rd degree criminal sexual conduct

November 12th, 2019

Relationship evidence in 3rd degree criminal sexual conduct trial 

Following a jury trial, defendant was convicted of third degree criminal sexual conduct against his former girlfriend.  On appeal, defendant argued that the trial court abused its discretion by admitting, as relationship evidence, former girlfriend’s testimony that defendant had been convicted of a prior assault against her.  The Minnesota Court of Appeals concluded that, even if erroneous, the admission of the challenged evidence was harmless, noting that former girlfriend’s testimony was corroborated and not seriously contested.  Affirmed.

State v. Rawson, A18-0773, Isanti County.

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

6th Amendment Right of Confrontation

November 13th, 2019

Whether admission of DNA evidence of non-testifying scientist violated defendant’s 6th Amendment right of confrontation 

Defendant challenged his unlawful possession of  afirearm conviction, arguing that the admission of DNA test results developed by a non-testifying scientist violated his rights under the 6th Amendment Confrontation Clause.  The Minnesota Court of Appeals concluded that violation was harmless beyond a reasonable doubt, noting the overwhelming evidence that defendant possessed the firearm.  Affirmed.

State v. Scott, A18-1199, St. Louis County.

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

Juvenile certified to adult court

November 14th, 2019

State’s motion to certify a juvenile to adult court 

Defendant challenged the trial court’s order certifying proceedings for adult criminal prosecution on the charge of 3rd degree criminal sexual conduct.  Defendant argued that the trial court abused its discretion when it applied the wrong legal standard based on the belief that the longer supervision time in  the adult system is always better for public safety.  The Minnesota Court of Appeals concluded that the trial court did not abuse its discretion when it applied the presumption of certification and considered the six public safety factors required by statute.  Affirmed.

In re Welfare of TJC, A19-0521, Sibley County.

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

Ineligible person in possession of a firearm

November 15th, 2019

Present sense impressions hearsay exception in ineligible person in possession of a firearm trial

Defendant challenged his conviction of being an ineligible person in possession of a firearm, which stemmed from him carrying guns into an apartment.  Defendant argued that the trial court erroneously admitted both of two peoples’ out of court statements to police as they were inadmissible hearsay and no exception applied.  The Minnesota Court of Appeals concluded that an out of court statement by a witness that defendant carried guns into her bedroom 30 minutes earlier qualified as a present sense impression and that any error in admitting a second witness’ statement did not affect defendant’s substantial rights.  Affirmed.

State v. Manypenny, A18-2084, Becker County.

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

Second degree felony assault

November 15th, 2019

Motion to withdraw plea from second degree felony assault 

Defendant brought a motion to withdraw his plea to second degree felony assault.  On appeal, defendant argued that he did not admit to intending to cause fear, a key element of the offense.  The Minnesota Court of Appeals concluded that the record provided sufficient facts to sustain his guilty plea, noting that defendant admitted during his plea that his wife was “for sure” in fear of being harmed when he shot his gun four times in the house and that the complaint alleged that defendant told his wife that he was going to shoot and kill her whole family.  Affirmed.

State v. Foley, A18-1895, Meeker County.

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

Minnesota Expungement Lawyer wins expungement of threats of violence case

November 18th, 2019

Minnesota Expungement Attorney Lynne Torgerson wins expungement of threats of violence case out of Ramsey County 

Minnesota Expungement Lawyer Lynne Torgerson won expungement of a felony threats of violence case out of Ramsey County, State of Minnesota.  Ms. Torgerson’s client was charged with felony threats of violence.  Ms. Torgerson’s client’s had no prior criminal record.  Ms. Torgerson’s client had a lengthy work history, and expungement would aid her in her future employment path.  Well done Ms. Torgerson.

Domestic assault trial

November 18th, 2019

Was the evidence sufficient in this felony domestic assault trial? 

On appeal defendant argued that his conviction for felony domestic assault must be reversed because the State failed to prove beyond a reasonable doubt that he harmed the victim.  Defendant’s argument was that the bruising on the victim’s face occurred between the time defendant left the house and when the deputy arrived, and was caused by an accident, self harm, or another person.  Noting that no evidence indicated that the victim was with anyone besides defendant that afternoon, the Minnesota Court of Appeals concluded that the evidence was sufficient to support the conviction.  Affirmed.

State v. Norcross, A18-2052, Becker County.

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