Posts Tagged ‘Lynne Torgerson’

Rules of Evidence do apply in restitution hearings

Wednesday, October 18th, 2017

Restitution hearings

In this case the Minnesota Court of Appeals was asked to decide whether the Minnesota Rules of Evidence apply to restitution hearing held under Minn. Stat. §611A.045, subd. 3(b).  The trial court overruled objections to documents the state offered during the restitution hearing, concluding that the Rules of Evidence did not apply.  The Minnesota Court of Appeals affirmed in relevant part, concluding that because restitution is part of a defendant’s sentence and Minn. R. Evid. 1101 exempts sentencing from the Rules of Evidence, the rules to not apply to restitution hearings.  The Minnesota Supreme Court held that the Rules of Evidence apply to restitution hearing held under the statute because they are not listed among the “miscellaneous proceedings” in Minn. R. Evid. 1101(b)(3).  Reversed and remanded.

This is a great decision by the Minnesota Supreme Court in favor of fairness and due process of law in restitution hearings.

State v. Willis, A16-0275, Minn. 2017.

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

First degree assault, malicious punishment of child

Tuesday, October 17th, 2017

Sufficiency of the evidence

Defendant challenged his convictions of first degree assault, malicious punishment of a child, and third degree assault, arguing that the circumstantial evidence presented at trial was insufficient to prove beyond a reasonable doubt that defendant was the person who caused an infant great bodily injury.  The Minnesota Court of Appeals noted that although it was true that the infant was ill the day before defendant watched him, and that the infant had one or two bruises before he was in defedant’s care, these facts did not undermine the jury’s guilty verdicts, especially in light of the other circumstances proved by the state, including that after the infant was left in defendant’s care, the infant had extensive bruising, multiple fractures, and was unconscious; and when asked about the infant’s injuries, defendant repeated lied.  Affirmed.

State v. Whiteaker, A16-1351, Ramsey County

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

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