Posts Tagged ‘juvenile lawyer’

First degree criminal sexual conduct

Monday, November 20th, 2017

Sufficiency of evidence

Defendant was convicted of first and second degree criminal sexual conduct.  He argued that his conviction on the first degree charge should be reversed because the evidence was insufficient to prove an element of the offense.  The Minnesota Court of Appeals held that testimony from the minor victim’s minor sister regarding the details of the criminal sexual conduct, combined with physical evidence, was sufficient to support defendant’s conviction.  Affirmed.

State v. Erie, A16-1967, Scott County.

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

Petition for Postconviction Relief

Sunday, November 19th, 2017

Evidentiary hearing

In this case involving first degree murder, defendant appealed from the denial of his second petition for postconviction relief.  At issue was whether the postconviction court abused its discretion when it denied the petition without holding an evidentiary hearing.  The Minnesota Supreme Court held that the postconviction court did not abuse its discretion when it summarily denied defendant’s petition because, even if defendant proved the facts alleged in the petition at an evidentiary hearing, the petitioner, files, and records of the proceedings conclusively showed that defendant was entitled to no relief.  Affirmed.

Zornes v. State, A17-0404, Clay County.

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


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