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This archive includes orders decided by the Court of Appeals at its Special-Term Session, the weekly calendar where a panel of three Court of Appeals judges considers jurisdictional and procedural matters. This archive does not include orders before January 1, 2023 or orders that were not decided at Special Term. Orders not included in this archive may be accessed via the Minnesota Appellate Courts’ public access system, PMACS.
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The district court abused its discretion by failing to consider a defendant's ability to pay restitution, as required by Minn. Stat. § 611A.045, subd. 1(a)(2) (2024), and State v. Wigham, 967 N.W.2d 657 (Minn. 2021). Reversed and remanded.
Date:
April
21, 2025
appeal from a postconviction order denying motion to withdraw plea of guilty to second-degree controlled-substance crime
Date:
March
05, 2002
Minn. Stat. § 484.014, subd. 3(a)(6) (Supp. 2023), is facially unconstitutional because it violates the separation-of-powers doctrine by mandating district courts to expunge an eviction case court file based on a defendant filing a motion seeking that relief, infringing on the judiciary's inherent authority to decide cases and control its own records. Reversed and remanded.
Date:
April
21, 2025
challenges indeterminate commitment as a sexual psychopathic personality and a sexually dangerous person
Date:
October
12, 2004
The state may appeal as of right from a final order granting a petition to vacate a second-degree unintentional-felony-murder conviction under the procedure established by 2023 Minn. Laws ch. 52, art. 4, § 24, at 864–68, and as amended by 2024 Minn. Laws ch. 123, art. 4, §§ 19–21, at 2268–71, as an appeal from an order granting postconviction relief under Minn. R. Crim. P. 28.04, subd. 1(3). Appeal to proceed.
Citation: 16 N.W.3d 126
Date:
January
21, 2025
challenge motion for dismissal
Date:
October
12, 2004
Under Minn. R. Gen. Prac. 521(b)(1), an aggrieved party seeking to remove a case from conciliation court to district court must serve a demand for removal on every opposing party’s counsel and on every opposing self-represented litigant. The rule does not require service of a demand for removal on self-represented parties who are not opposing parties. Reversed and remanded.
Date:
April
07, 2025
Affirm the conviction and remand to consider the application, if any, of Blakely v. Washington to appellant's sentence.
Date:
October
12, 2004
1. In a prosecution for felony stalking under Minnesota Statutes section 609.749, subdivision 5 (Supp. 2021), when more than two qualifying criminal acts are alleged, a district court does not err when it instructs a jury that to find the “stalking” element of section 609.749, subdivision 5(b), the jurors must unanimously find that at least two qualifying criminal acts are proved beyond a reasonable doubt but need not agree as to which qualifying criminal acts those are. 2. An offense that is a predicate criminal act for the “stalking” element of section 609.749, subdivision 5(b), is not an included offense of stalking under Minnesota Statutes section 609.04 (2022) when the defendant is found guilty of stalking and also of the predicate offense. Affirmed.
Date:
April
07, 2025
State appeals pretrial order suppressing evidence and dismissing charges of driving after revocation, failure to provide vehicle insurance, and unlawful use of an unregistered vehicle. Reversed and remanded.
Date:
October
05, 2004