Posts Tagged ‘assault lawyer’

Hearsay

Monday, November 19th, 2018

Statements against interest hearsay exception

Defendant challenged his convictions of, and sentences for, driving while impaired (DWI), and fifth degree controlled substance possession, raising two issues.  First, he sought a new trial based on the trial court's decision to exclude hearsay evidence, which he alleged qualified under the exception for a statement against the declarant's interest.  Second, he sought modification of one sentence, arguing his conviction arose from the same behavioral incident and that the trial court erred in determining the sentence.  The Minnesota Court of Appeals held that the trial court did not abuse its discretion in excluding the statement by an unavailable declarant, made on the eve of trial, alleging the declarant was actually driving the vehicle.  Affirmed.

State v. Whitaker, A17-1662, Hennepin County.

Lynne Torgerson, Esq. was not attorney of record in this case.

Jury instructions

Friday, November 16th, 2018

Lesser included offenses

Defendant challenged his conviction for attempted second degree intentional murder, arguing that he was entitled to a jury instruction on the lesser included offense of first degree assault.  The Minnesota Court of Appeals held that first degree assault is not a lesser included offense of attempted second degree murder.  Affirmed.

State v. Steurer, A17-1737, Ramsey County.

Lynne Torgerson, Esq. was not attorney of record in this case.

Lynne Torgerson wins stay of adjudication in domestic assault case

Tuesday, November 13th, 2018

Interference with 911

Ms. Torgerson's client was charged with misdemeanor domestic assault out of Carver County, State of Minnesota, whereby client was facing up to 90 days in jail and life long loss of rights to possess firearms.  Ms. Torgerson successfully obtained an amendment to 911 interference, with a Stay of Adjudication and no executed jail time, whereby the case will be dismissed in one (1) year, with no conviction, and no loss of gun rights.  Excellent result!

Criminal defense lawyer Lynne Torgerson obtains stay of adjudication

Tuesday, November 6th, 2018

Lynne Torgerson obtains on behalf of client charged with 5th degree domestic, an amendment to disorderly conduct with a stay of adjudication

Criminal Defense Attorney Lynne Torgerson represented a client charged with 5th degree domestic assault out of the City of Minnesota, County of Hennepin, State of Minnesota.  Ms. Torgerson obtained an reduction in charge, an amendment to disorderly conduct, with a stay of adjudication, whereby the client is not convicted of anything, and, in 1 year, the case will be dismissed, presuming the client successfully completes probation.  There was also no DANCO and no no contact order.  Excellent result Ms. Torgerson!


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