Posts Tagged ‘criminal defense attorney’

Civil rights § 1983 actions

Monday, April 23rd, 2018

Unreasonable search by building inspector and qualified immunity

Where residents of a home claimed a building inspector searched the home in violation of the Fourth Amendment after he was called by a detective pursuant to a SWAT team raid and after he received a signed consent form from one of the residents, the denial of qualified immunity to the inspector is reversed and remanded because his conduct did not violate a clear established rights.

Estate of Leon Walker Jr. v. Wallace, appealed from the U.S. Court of Appeals, 8th Circuits, 17-1058, Arnold, J.

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

Stalking

Friday, April 20th, 2018

Constitutionality

Defendant argued that his adjudications for stalking and harassment must be reversed because Minn. Stat. §§ 609.749, subd. 2(6), and .795, subd. 1(3), were unconstitutionally overbroad both facially and as applied.  The Minnesota Court of Appeals held that the statutes were not unconstitutionally overbroad, either facially or as applied, in violation of the First Amendment to the U.S. Constitution or article I, section 3 of the Minnesota Constitution.  Affirmed.

In re A.J.B., A17-1161, Scott County.

Commentary:  terrible, terrible decision, in violation of the First Amendment and freedom of speech and freedom of expression.  It was a post to a student's Twitter account. This needs to be appealed to the Minnesota Supreme Court, and the U.S. Supreme Court if necessary, and reversed.

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

Probation revocation

Friday, April 20th, 2018

Right to counsel

In this probation revocation appeal, defendant argued that the trial court failed to obtain a knowing, voluntary, and intelligent waiver of defendant's right to counsel.  The Minnesota Court of Appeals agreed with defendant, noting that defendant did not submit the written waiver of the right to counsel, the trial court did not ask him to do so, that the trail court did not enter defendant's written waiver of the right to counsel into the record and did not advise defendant on the record about any of the possible consequences of relinquishing counsel.  Reversed and remanded.

State v. Jones, A17-0954, Hennepin County.

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

Petition for post conviction relief

Wednesday, April 18th, 2018

Actual innocence

Defendant challenged his conviction of felony domestic assault, arguing that the trial court erred in denying his presentence motion to withdraw his guilty plea under the fair and just standard.  The Minnesota Court of Appeals concluded that the record, when viewed as a whole, provided a sufficient factual basis for the plea, and the trail court did not abuse its discretion in rejecting defendant's actual innocence argument for plea withdrawal.  Affirmed.

State v. Patchen, A17-0700, Ramsey County.

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

Plea withdrawal in controlled substance crime case

Wednesday, April 18th, 2018

Sentencing

Defendant challenged his 82 month prison sentence for controlled substance crimes, arguing that he was entitled to withdraw his guilty plea, and if he elected not to do so, he was entitled to resentencing under the 2016 Drug Sentencing Reform Act's (DRSA) amended sentencing guidelines.  The Minnesota Court of Appeals concluded that defendant was entitled to resentencing but that he was not entitled to withdraw his guilty plea.  Affirmed in part, reversed in part, and remanded.

State v. Vaughn, A17-0731, Ramsey County.

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

Attorney Lynne Torgerson wins at Minnesota Court of Appeals

Thursday, January 11th, 2018

Harassment restraining order win

Lynne Torgerson, Esq., Harassment Restraining Order Lawyer, recently won a case at the Minnesota Court of Appeals.  Attorney Lynne Torgerson has excellent legal research and writing skills, as evidenced by her repeated wins at the Minnesota Court of Appeals.  Recently, she won another case, a harassment restraining order case, at the Minnesota Court of Appeals.  At the trial court level, her client had obtaining a restraining order against his ex-girlfriend.  She appealed.  On appeal, her client prevailed.  Excellent result Lynne Torgerson!

Lynne Torgerson, Criminal Defense Lawyer, obtains dismissal of felony threats of violence case

Wednesday, July 26th, 2017

Lynne Torgerson obtains dismissal of felony threats of violence case in Ramsey County

Lynne Torgerson, Criminal Defense Attorney, obtained a dismissal of a felony threats of violence case in Ramsey County on behalf of her client.  It was alleged that her client stabbed her husband in his shoulder with a knife.  Just short of appearing for a jury trial, the State dismissed the charges in the interest of justice.

Expungement lawyer Lynne Torgerson wins expungements of aggravated robbery conviction, assault, disorderly conduct

Sunday, October 2nd, 2011

Aggravated robbery conviction expunged

Over 50 years after his conviction , expungement lawyer Lynne Torgerson secures an expungement for Grady Shockley, a wonderful gentleman nearly 80 years old. Watch this heart warming story.


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