Posts Tagged ‘drug charges lawyer’

Jury selection in child pornography case

Friday, February 15th, 2019

Crying emotional juror not disqualified in child pornography case

Where a defendant who was convicted of the receipt of images depicting the sexual exploitation of minors argued that the trial court abused its discretion by allowing the government’s expert to testify outside of the scope of the expert notice, the judgment is affirmed because the testimony was within the scope of the notice, and the court also did not err by refusing to replace a juror who cried while observing images of child pornography because a juror’s emotional reaction does not render the juror unable to be fair and impartial.  Judgment is affirmed.

U.S. v. Spotted Horse, 18-1139, appealed from the District of South Dakota, Erickson, J.

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

Career offender designation in sentence

Thursday, February 14th, 2019

Distribution of methamphetamine

Defendant pleaded guilty to conspiracy and possession with intent to distribute methamphetamine, waiving the right to appeal except as to ineffective assistance of counsel claims.  Defendant was designated a career offender due to two prior felony drug convictions.

Where defendant executed an enforceable waiver of appellate rights, the court dismissed arguments on appeal falling within the scope of the waiver.  Judgment is affirmed.

U.S. v. Pane, 18-2144, appealed from the District of Nebraska, per curiam.

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

Second Amendment

Thursday, February 14th, 2019

Felon in possession ban, concealed weapon

Where a defendant argued that an unlawful firearm possession law was unconstitutional as applied to him, the defendant forfeited his claim by failing to address the issue of whether the Second Amendment protected his conduct in carrying a weapon concealed in a vehicle, and his applied challenge failed under the plain error standard.  Opinion concurring in judgment, Kelly, J.:  “I agree that Adams’ conviction for violating 18 U.S.C. §922(g)(1) should be affirmed.  I write separately because I disagree with how the court analyzes Adams’ Second Amendment challenge.  When presented with similar arguments, our sister circuits have used a sensible, two pronged approached to consider whether application of §922(g)(1) to a particular individual comports with the Constitution’s protection of the right to keep and bear arms.  Instead of following that sound approach, the court focuses on a factual circumstance not before the District Court and not addressed by the parties:  that Adams’ firearm was concealed.  This fact, even if it were supported by the record, would not be relevant to Adams’ conviction because §922(g)(1) applies regardless of the manner in which the firearm is possessed.  It likewise should have no bearing on his ability to argue that his conviction under that section is unconstitutional.”  Judgment is affirmed.

U.S. v. Adams, 16-2529, appealed from the Western District of Missouri, Colloton, J.

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

Prosecutorial misconduct

Wednesday, February 13th, 2019

Substantial rights not affected

Defendant challenged his conviction of first degree burglary and fifth degree assault, arguing, that he was entitled to a new trial because the prosecutor committed prejudicial misconduct.  The Minnesota Court of Appeals declined to determine whether any prosecutorial misconduct actually occurred because it concluded that the alleged prosecutorial misconduct did not affect defendant’s substantial rights as the evidence against defendant was strong.  Affirmed.

State v. Needham, A18-0247, Carlton County.

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

2nd degree felony assault

Tuesday, February 12th, 2019

Is box cutter a dangerous weapon?

In the direct appeal from his convictions for two counts of second degree assault, defendant argued that his convictions must be reversed because the State failed to prove beyond a reasonable doubt that defendant use a box cutter as a dangerous weapon.  The Minnesota Court of Appeals held that the act of defendant chasing after two victims, with a box cutter in hand, coupled with a victim’s testimony that defendant said he was going to kill her, amply supported the jury’s conclusion that defendant committed assault with a dangerous weapon.  Affirmed.

State v. Brown, A18-0568, Hennepin County

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

Attempt to commit criminal sexual conduct

Monday, February 11th, 2019

Substantial step toward attempted 3rd degree criminal sexual conduct

Following a bench trial, defendant was convicted of attempted third degree criminal sexual conduct in violation of Minn. Stat. §§ 609.17, sub. 1, 609.344, subd. 1(b).  He contended that the evidence was not sufficient because it did not establish that he took a substantial step toward committing the crime.

The Minnesota Court of Appeals held that a person takes a substantial step toward committing third degree criminal sexual conduct by arranging via social media to meet a juvenile to engage in sexual penetration, verifying that the vuvenile has sexual experience and wants to engage in the act, sending explicit photographs to the juvenile suggestive of the act, negotiating to meeting the juvenile’s unoccupied family home to engage in the act, obtaining directions to the home, following the juvenile’s directions to approached the home, and knocking on the front door.  Affirmed.

State v. Wilkie, A18-0288, Steele County.

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

Threats of violence

Friday, February 8th, 2019

Multiple behavioral incidences

In phone calls from jail, defendant assured his former girlfriend, “When I get out, I’m gonna break your f-ckin face,” among similar violent promises.  At defendant’s trial for three counts of terroristic threats, the State introduced evidence that defendant had previously assaulted the former girlfriend.  The jury found defendant guilty on all three counts, and the trial court sentenced him for each offense separately.  Defendant argued on appeal that admitting the evidence of his prior conduct unfairly prejudiced his defense and that he should not have received multiple sentences because his jailhouse threats constituted a single course of conduct.  The Minnesota Court of Appeals held that the trial court acted within its discretion by concluding that any danger of unfair prejudice from defendant’s earlier domestic conduct did not substantially outweigh the probative value of the evidence, and defendant’s threats constituted multiple behavioral incidents.  Affirmed.

State v. Cook, A18-0110, Hennepin County.

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

Expungement Attorney Lynne Torgerson wins expungement of domestic assault, disorderly conduct and trespassing charges

Sunday, February 3rd, 2019

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of domestic assault, disorderly conduct and trespassing charges

Ms. Torgerson’s client, in his younger years, was charged with domestic assault, disorderly conduct, and trespassing, out of the City of New Hope, County of Hennepin, State of Minnesota.  When he went to court, the domestic assault was reduced to a disorderly conduct, and the trespassing charge was dismissed.  When in jail on these charges, Ms. Torgerson’s client made a decision to never be in that situation again.  He went on to attend AA, domestic assault programming, and successfully complete probation.  He remained crime free for approximately 13 years.  His request for expungement was granted.

Second Amendment Lawyer Lynne Torgerson wins gun rights restoration in Benton County

Sunday, January 27th, 2019

Gun rights restoration in Benton County

Gun rights restoration lawyer Lynne Torgerson won another case, this time out of Benton County, State of Minnesota.  Ms. Torgerson’s client, as a youth, did not have an insignificant criminal history.  However, he put that behind him, and remained law abiding for 18 years.  Finding good cause, the Court granted his request for restoration of his Second Amendment rights to possess firearms.  Well done Ms. Torgerson and her client!


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