Posts Tagged ‘expungement 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.

Expungement lawyer Lynne Torgerson obtains expungement of aggravated robbery conviction

Thursday, November 8th, 2018

Heartwarming story

Ms. Torgerson represented G.S. in an expungement.  At the time, G.S. was approximately 80 years old.  Early in life, he had been convicted of an aggravated robbery.  After, he led a law abiding, and exemplary, life.  He married and remained married for decades.  He had been employed for decades with a car dealership, and did all sorts of jobs for it.  He performed janitorial work.  He transported customers in a van.  He did whatever was asked of him, and was grateful for his job.  He paid off the mortgage on his home.  Indeed, how many people have you ever known who have actually paid off their mortgage.  All of his life he wanted to get this conviction off of his record.  He wanted to be free of the shame of it.  Then, came the hearing day.  A long time judge of Ramsey County District Court presided.  Ms. Torgerson made argument on behalf of Mr. G.S., and told the wonderful story of Mr. G.S.'s life.  Then, the judge announced that she was going to grant Mr. G.S.'s expungement.  With all due respect, at that time, the law really did not permit the court to grant Mr. G.S. an expungement.  However, mercy won out.  Mr. G.S. quietly shed tears of joy and relief after he heard the judge's decision.  Mr. G.S. was extremely grateful and finally felt free of his earlier conviction.  The Second Chance Law of expungements really worked in this case.  This is how justice is supposed to be administered; when necessary, not according to the letter of law.  Courts do need to grant extraordinary mercy, in equity, when the facts call for it.  Thank goodness the judge had the backbone to do the right thing.  Not long after however, Mr. G.S. discovered he had cancer, and sadly, passed.  At least however, he went free of his very old case.  God bless G.S.  May he rest in peace.


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