Posts Tagged ‘terroristic threats lawyer’

Assault with a deadly weapon

Thursday, September 20th, 2018

2nd Degree Assault

Defendant challenged his convictions of criminal vehicular operation and second degree assault with a dangerous weapon, arguing that the trial court erred in denying his proposed jury instruction defining a dangerous weapon, the prosecutor committed misconduct by misstating the evidence and using inflammatory language, and the cumulative effect of these trial errors deprived him of his due process right to a fair trial.  The Minnesota Court of Appeals concluded that CRIMJIG 13.10 did not misstate the law, and the prosecutor did not commit misconduct by advancing arguments calculated to inflame the jury's passions.  Affirmed.

State v. Gullickson, A17-1680, Wabasha County.

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


Tuesday, September 18th, 2018

Jury instruction

Defendant stumbled through the lobby of an upscale apartment building carrying a television when a property manager confronted him.  Defendant yelled profanities and threw the television toward her to the floor.  A jury found him guilty of fifth degree assault and disorderly conduct.  On appeal, defendant sought a new trial because the trial court failed to instruct the jury that it must unanimously agree on which of his acts constituted each crime, and he sought to amend his sentence because he cannot be sentenced for both convictions since all his criminal conduct constituted a single behavioral incident.  The Minnesota Court of Appeals held that a unanimity instruction was unnecessary and that defendant's behavior constituted a single incident.  Affirmed in part, reversed in part, and remanded.

State v. Kuchenbecker, A17-1855, Hennepin County.

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

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