Opinions Archive

IT IS HEREBY ORDERED THAT: Respondent William H. Cowell is indefinitely suspended from the practice of law, effective 14 days from the date of this order, with no right to petition for reinstatement for 4 months from the effective date of his suspension.

The postconviction court did not abuse its discretion when it denied the appellant’s request to withdraw his guilty plea. Affirmed.

1. The panel’s finding that petitioner has not proven a moral change was clearly erroneous. Based on our independent review of the record, we conclude that petitioner has proven by clear and convincing evidence that he has undergone a moral change. 2. Because petitioner has shown by clear and convincing evidence that he has satisfied the requirements for reinstatement to the practice of law in Minnesota, we reinstate petitioner, subject to a 2-year period of supervised probation. Petition granted.

IT IS HEREBY ORDERED THAT: Petitioner's motion to modify the terms of his probation is granted.

IT IS HEREBY ORDERED THAT: Respondent Ignatius Chukwuemeka Udeani is suspended from the practice of law for a minimum of 30 days, effective 14 days from the date of filing of this order.

Disbarment is the appropriate discipline for an attorney who misappropriated client funds, made false statements to clients, failed to diligently handle client matters, failed to communicate with clients, failed to enter into proper fee agreements and communicate the basis of rates and fees, and failed to cooperate with the Director’s investigations.

On appeal from the denial of his petition for postconviction relief, appellant Michael Robinson argues that the postconviction court erred by denying his requests for plea withdrawal, an evidentiary hearing, and resentencing. Because we conclude that the postconviction court did not err by denying Robinson’s requests for plea withdrawal for an evidentiary hearing, and because Robinson is not entitled to resentencing, we affirm.

The federal water-transfer rule, 40 C.F.R. § 122.3(i) (2015), is not an exemption incorporated by reference in Minnesota’s National Pollutant Discharge Elimination System (NPDES) program, pursuant to Minn. R. 7001.1030 (2015). Therefore, the federal water-transfer rule does not apply in Minnesota.

On appeal from his convictions of second-degree assault and felony domestic assault, appellant argues that (1) the state failed to present sufficient evidence to prove beyond a reasonable doubt that he committed felony domestic assault and (2) the district court abused its discretion in denying his request to instruct the jury on fifth-degree assault as a lesser-included offense of the second-degree assault charge. We affirm.

Where the implied-consent statute is not invoked, advisement of the limited right to counsel is not a prerequisite to admitting chemical-test results in a criminal prosecution for driving while impaired (DWI) because the suspect does not face immediate license revocation for test refusal. Reversed and remanded.