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.

Loitering with intent to sell drugs

January 20th, 2020

Evidence was sufficient to convict of loitering with intent to sell narcotics

Defendant challenged his conviction of loitering with intent to solicit the illegal sale, distribution, purchase, or possession of narcotics.  Defendant contended that his conduct did not amount to loitering with the meaning of the Minneapolis ordinance.  The Minnesota Court of Appeals concluded that evidence that defendant stood against an abandoned building located in a high crime area for over 18 minutes, and that police saw him conduct to hand to hand transactions that were consistent with narcotics sales was sufficient to support his conviction.  Affirmed.

State v. Brown, A18-1735, Hennepin County.

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

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

January 20th, 2020

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

Gun Rights Restoration Lawyer Lynne Torgerson won gun rights restoration in the County of Hubbard, State of Minnesota.  Ms. Torgerson’s client had one prior disqualifying conviction.  As a teenager, he had pleaded guilty to criminal sexual conduct for non-consensual contact with a female’s breast.  He had received a stay of imposition of sentence, whereby the conviction was now deemed a misdemeanor.  Whether the petition should have been granted was contested by the State.  Ms. Torgerson’s client was a high school graduate, a cosmetology school graduate, and was a responsible business owner, husband and father.  Additionally, since his offense, fourteen (14) years had passed, with no similar offense.  There was no evidence of drug, alcohol, or mental health concerns.  Prior to his offense, Ms. Torgerson’s client had a long positive record of safe use of firearms stemming from hunting with his father, which was a bonding experience.  Finding good cause, The Honorable Robert D. Tiffany, granted Ms. Torgerson’s request to restore his rights to possess firearms.  Well done Ms. Torgerson.