Posts Tagged ‘criminal defense attorney’

Child pornography sentence mitigating factors

Tuesday, October 22nd, 2019

Child pornography sentence was not substantively unreasonable 

Where a defendant challenged the reasonable of his sentence in a child pornography case, the sentencing transcript showed that the sentence was grounded in the relevant statutory factors and was not substantively unreasonable, and the defendant’s inability to pay a minimum fine did not require a finding that he could not pay the special assessment.  Judgment is affirmed.

United States v. Perkins, 18-2680, appealed from the District of Minnesota, per curiam.

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

Right of confrontation in property damage trial

Monday, October 21st, 2019

Right of confrontation re valuation of damage to property in 1st degree felony damage to property trial 

After smashing the front and rear windshields of her ex-boyfriend’s car with a landscaping brick, defendant was convicted of 1st degree damage to property.  Defendant challenged her conviction on the grounds that a written vehicle repair estimate, as the primary evidence of the value of property damage, was inadmissible without the testimony of the person who prepared it.  The Minnesota Court of Appeals concluded that the trial court erred by admitting the vehicle repair estimate without testimony from the individual who prepared it, but that defendant’s substantial rights were not affected by the admission of the repair estimate.  Affirmed.

State v. Coleman, A18-1525, Hennepin County.

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

Minnesota Gun Rights Restoration Lawyer Lynne Torgerson wins in Stearns County

Monday, October 21st, 2019

Minnesota Second Amendment Lawyer Lynne Torgerson won gun rights restoration in Stearns County 

Minnesota Gun Rights Restoration Lawyer Lynne Torgerson won gun rights restoration case in Stearns County, State of Minnesota.  In early life, Ms. Torgerson’s client had been in the foster care system, and was abused therein.  In early adulthood, Ms. Torgerson’s client had difficulties with drugs and alcohol.  This caused Ms. Torgerson’s to have a significant number of misdemeanor offenses.  Later, Ms. Torgerson’s client had a felony burglary conviction, the result of a hallucination, but no one was injured or the like.  Subsequently, Ms. Torgerson’s client turned his life around.  All in all, Ms. Torgerson’s client had served in the Air Force with an Honorable Discharge, graduated from University and attended graduate school.  He was gainfully employed with the Veteran’s Administration for 10 years.  He also had established a future career plan of further establishing a business to help veteran’s.  He also no longer used alcohol or illegal drugs.  He had also had no criminal conviction for 14 years.  Fortunately, his petition to restore his rights to possess firearms was GRANTED.  Well done client and Ms. Torgerson.

Revocation of probation

Friday, October 18th, 2019

Revocation of probation in 1st degree felony DWI 

Defendant pleaded guilty to one count of 1st degree driving while intoxicated (DWI) pursuant to a plea agreement.  In accordance with the plea agreement, defendant received a stayed sentence and seven years of probation.  After multiple violations, the trial court revoked defendant’s probation.  Defendant appealed, challenging the revocation and his sentence.  Noting the findings that defendant exhausted the resources available to him and was not amenable to supervision in the community, the Minnesota Court of Appeals concluded that the trial court made adequate findings supporting the revocation of defendant’s probation.  Affirmed.

State v. Dahl, A19-0096, Lake of the Woods County.

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

Restitution hearing

Thursday, October 17th, 2019

The burden of proof is on the State in a restitution hearing 

In this appeal following a contested restitution hearing, defendant argued that the trial court failed to place the burden of proof on to the State as required by the restitution statute.  The Minnesota Court of Appeals held that Minn. Stat. §611A.045, subd. 3, places the burden of proof on the State at a contested restitution hearing, and the trial court improperly placed the burden on defendant to prove that the victim was not the owner of the property.  Reversed and remanded.

State v. Sargent, A19-0050, Mahnomen County.

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

Coercion statute struck down as unconstitutional

Wednesday, October 16th, 2019

The coercion statute was struck down as unconstitutional as violative of free speech 

The State challenged the trial court’s pretrial dismissal of its complaint against defendant charging him with attempted coercion.  The trial court determined that the charging statute, Minn. Stat. §609.27, subd. 1(4), was unconstitutional on its face because it prohibited a substantial amount of constitutionally protected speech and could not be narrowed by judicial construction.

The Minnesota Court of Appeals held that Minn. Stat. §609.27, subd. 1(4), which is part of Minnesota’s criminal coercion statute, is facially unconstitutional under the First Amendment because it restricts free speech, is substantially overbroad, and is not reasonably susceptible to a narrowing construction or severance of unconstitutional provisions.  Affirmed.

State v. Jorgenson, A19-0323, Olmsted County.

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

Spreigl evidence in 3rd degree criminal sexual conduct trial

Tuesday, October 15th, 2019

Common scheme or plan evidence in 3rd degree criminal sexual conduct trial 

On appeal from a conviction of attempted 3rd degree criminal sexual conduct, defendant argued that the trial court abused its discretion by permitting the State to introduce evidence of another crime that he had committed.  Noting that all three relevant aspects of the defendant’s sexual assault on another individual in the same park a month after the charged incident, time, place and modus operandi, tended to show a common scheme or plan, the Minnesota Court of Appeals concluded that the trial court did not abuse its discretion by admitting the Spreigl evidence.  Affirmed.

State v. Bogan, A18-1669, Hennepin County.

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

Continuance in second degree criminal sexual conduct trial

Sunday, October 13th, 2019

Request for continuance in 2nd degree criminal sexual conduct trial 

On appeal from his conviction for 2nd degree criminal sexual conduct, defendant argued that the trial court abused its discretion by denying his continuance request.  The Minnesota Court of Appeals affirmed defendant’s conviction but remanded to the trial court to reconsider defendant’s continuance motion using the proper legal standard and, if appropriate, to allow discovery concerning the late disclosed evidence of arguably similar conduct involving the complainant.  Affirmed in part and remanded.

State v. Lipe, A18-1985, Carver County.

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

Criminal vehicular operation complaint

Friday, October 11th, 2019

Amendment of complaint at trial to charge different subsection of criminal vehicular operation 

Defendant challenged his convictions for criminal vehicular operation and fourth degree driving while impaired challenging the amendment of the complaint at trial to charge a different criminal vehicular operation offense, and the entering of convictions on both offenses.  Noting that the amended complaint did not charge defendant with a new or different offense, but only charged defendant under a different subsection and eliminated the requirement that the defendant be under the influence of a controlled substance, the Minnesota Court of Appeal found no error.  However, 4th degree DWI is a lesser included offense of the criminal vehicular operation offense.  Affirmed in part, reversed in part, and remanded.

State v. Fry, A18-1837, Koochiching County.

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

Prior statements in 1st degree criminal sexual conduct trial

Tuesday, October 8th, 2019

Are prior inconsistent statements admissible in 1st degree criminal sexual conduct conviction?

Defendant challenged his convictions of 1st degree criminal sexual conduct and contributing to the delinquency of a child, arguing that the trial court plainly erred by admitting the victim’s out of court statements as evidence at his jury rial on the offenses, alleging they were inconsistent with the victim’s trial testimony.  Defendant did not object to the admission of those statements.  The Minnesota Court of Appeals concluded that defendant failed to establish that the trial court’s failure to exclude the challenged statements sua sponte–after he expressly agreed to their admission–was error that was clear of obvious.  Affirmed.

State v. Haddock, A18-2026, Nobles County.

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


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