Minnesota Criminal Defense Lawyer Lynne Torgerson wins gun rights restoration in Hennepin County

January 5th, 2020

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

Minnesota Second Amendment Lawyer Lynne Torgerson won gun rights restoration in Hennepin County, the Honorable Joseph Klein presiding.  Ms. Torgerson’s client was a high school graduate.  He was a United States Army Veteran, with Special Forces training, with an Honorable Discharge.  He had an established career.  He was a soccer coach.  As a child and in the military, he had extensive experience with firearms.  Ms. Torgerson’s client wanted to get his Second Amendment rights to possess firearms restored.  He wanted to hunt with his aging father, before he passed.  He wanted to teach his children how to properly use firearms.  He had one (1) prior felony crime of violence conviction for 1st degree burglary.  He essentially punched the man cheating with his girlfriend.  He has had no subsequent disqualifying convictions for eight (8) years.  Finding good cause, Ms. Torgerson’s client’s request was granted.  Well done Ms. Torgerson.

1st degree controlled substance crime

January 9th, 2020

Evidence sufficient to uphold convictions of 1st degree controlled substance crime

Defendant was convicted of two counts of 1st degree controlled substance crime.  On appeal, defendant argued that the evidence was not sufficient to prove guilt beyond a reasonable doubt.  When executing a search warrant at apartment where defendant was staying with 3 other men, officers found 4 small plastic bags of cocaine under the couch cushion where defendant slept.  The Minnesota Court of Appeals concluded that as a whole the circumstances proved excluded any reasonable inference other than defendant’s guilt of constructively possessing cocaine.  Affirmed.

State v. Medina, A19-0149, Dakota County.

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

3rd degree sale of a controlled substance

January 10th, 2020

Prejudicial evidence in 3rd degree sale of a controlled substance trial 

Defendant was convicted of 3rd degree sale of a controlled substance in Redwood County, State of Minnesota.  Defendant appealed arguing that it was plain error for the trial court to admit into evidence an exhibit identifying defendant as a drug dealer and a gang member.  The Minnesota Court of Appeals concluded that there was no plain error, noting that there was nothing to suggest that the outcome of the trial was affected in any material way by the two isolated references in one document to defendant’s drug and gang history.  Affirmed.

State v. Clay, A19-0250, Redwood County.

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

1st degree criminal sexual conduct

January 10th, 2020

Fine of $20,000 in criminal sexual conduct case

Defendant was convicted of 1st degree criminal sexual conduct.  On appeal, he aruged (1) the evidence was insufficient to prove beyond a reasonable doubt that he committed the charged offense; (2) the $20,000 fine was an abuse of discretion.  The Minnesota Court of Appeals concluded that the victim’s testimony combined with corroborating testimony provided sufficient evidence to support defendant’s conviction.  Further, the fine was within the trial court’s discretion.  Affirmed.

State v. Burciaga, A19-0004, Mower County.

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

Minnesota Second Amendment Attorney Lynne Torgerson wins appeal of revocation of permit to carry

January 12th, 2020

Minnesota Second Amendment Lawyer Lynne Torgerson wins appeal of wrongful revocation of permit to carry

Top Second Amendment Attorney Lynne Torgerson wins appeal of wrongful revocation of permit to carry out of the County of Dodge, State of Minnesota.  Ms. Torgerson’s client had obtained a permit to purchase.  He then was issued a permit to carry.  About 1 year later, the Dodge County Sheriff’s Office revoked her client’s permit to carry.  After much legal research, an appeal was filed with the Dodge County District Court.  At the hearing, the Assistant Dodge County Attorney conceded that the Sheriff had wrongfully revoked the permit to carry.  The permit to carry was returned to Ms. Torgerson’s client.  The Dodge County District Court Judge awarded Ms. Torgerson’s client $2400.00 is attorney fees and costs.  Ms. Torgerson has now won gun rights cases in 32 counties in the State of Minnesota, as well as at the Minnesota Court of Appeals.  Well done Ms. Torgerson.

Disclosure of urine test in DWI case

January 12th, 2020

Disclosure of urine test in DUI case did not violate Data Practices Act

Defendant was convicted of misdemeanor driving while impaired and driving after cancellation in Nobles County, State of Minnesota.  Defendant argued that the trial court erred in denying his motion to suppress.  The Minnesota Court of Appeal concluded that because the results of defendant’s urine test was validly disclosed to the trial court by law enforcement for law enforcement purposes in the search warrant application, defendant’s claim of a violation of the Minnesota Government Data Practices Act was without merit.  Affirmed.

State v. Cruz, A19-0344, Nobles County.

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

Second petition for post conviction relief

January 14th, 2020

Second petition for post conviction relief for second degree assault  

Defendant challenged the trial court’s denial of his second petition for postconviction relief in his second degree assault case.  Noting that defendant did not present the victim’s affidavit as a basis for relief until approximately 19 years after his conviction, the Minnesota Court of Appeals concluded that the trial court did not abuse its discretion.  Affirmed.

Reed v. State, A19-0882, Hennepin County.

Commentary:  A petition for postconviction relief is one of the most difficult types of proceedings to win.  Further, it becomes more difficult to win a petition for postconviction relief with each subsequent petition.

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

Probation violation

January 15th, 2020

Questions posed by judge during probation violation hearing

Defendant challenged the revocation of his probation.  Defendant contended that the trial court deprived him of due process of law by conducting an independent investigation by questioning his sobriety, ordering a chemical test, and reporting its results.  The Minnesota Court of Appeals concluded that the trial court did not err by questioning defendant, ordering him to submit to chemical testing, and considering his admitted positive test result among other facts justifying revocation of probation.  Affirmed.

State v. Foote, A19-0838, Dakota County.

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

Post conviction relief timeliness

January 16th, 2020

Timeliness of petition for post conviction relief

Defendant’s petition for post conviction relief was denied.  On appeal, defendant argued that the trial court (1) abused it discretion when it considered the timeliness of his petition where the State did not raise this issue; (2) erred by denying his request for an evidentiary hearing, rejecting due process violations, and denying his petition.  The Minnesota Court of Appeals concluded there was no error in consideration of timeliness issue, and that prosecutorial misconduct issues were Knaffla barred.  Affirmed.

Honeycutt v. State, A19-0887, Ramsey County.

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

Whether indoor porch is part of a building under burglary statute

January 17th, 2020

Indoor porch is part of building under burglary statute

Trial court denied defendant’s petition for postconviction relief.  On appeal, defendant argued that he should have been permitted to withdraw his plea of guilty to second degree burglary and stalking.  Defendant argued that his plea was not accurate because the record did not establish that he entered the victim’s porch without her consent.  The Minnesota Court of Appeals concluded that the indoor porch, for purposes of the burglary statute, was a building in which defendant would need consent to enter.  Affirmed.

Fordyce v. State, A19-0648, Crow Wing County.

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