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Posts by Minnesota Appeals

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Streaming link is now posted.

Here’s the link directly to the video feed, which will go live at 12:55 central:

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House Democrats, secretary of state ask Supreme Court to weigh in on quorum question • Minnesota Reformer As expected, Minnesota House Democrats and Secretary of State Steve Simon appealed to the state Supreme Court on Tuesday, asking the high court to declare that Republicans aren’t able to elect a speak...

Petition: macsnc.courts.state.mn.us/ctrack/docum...

Response: macsnc.courts.state.mn.us/ctrack/docum...

Reply: macsnc.courts.state.mn.us/ctrack/docum...

Reporting on facts:

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Sec. 13. Quorum. A majority of A majority of each house constitutes a quorum to transact business, but a smaller number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties it may provide.

Sec. 13. Quorum. A majority of A majority of each house constitutes a quorum to transact business, but a smaller number may adjourn from day to day and compel the attendance of absent members in the manner and under the penalties it may provide.

Issue: does the quorum clause require a majority of currently elected and serving members of a chamber, or a majority of that chamber’s number of seats.

State House of Reps. has 134 seats but one was vacated before session began. Are 67 members a quorum or 68 members?

Language at issue:

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Minnesota Judicial Branch - Minnesota Supreme Court | Minnesota Judicial Branch The Minnesota Supreme Court is the court of last resort in cases filed in Minnesota state courts, exercising original or appellate jurisdiction as conferred by the Minnesota Constitution.

Today, the Minnesota Supreme Court will hear oral argument in Simon v. Demuth at 1:00 pm central.

Livestream link will be posted here: www.mncourts.gov/supremecourt...

BIG, expedited case deciding what the legislative quorum clause in the Minnesota Constitution requires.

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This morning, the Minnesota Supreme Court disbarred a young attorney who murdered his ex-spouse in front of their child. Order below.

No other opinions released.

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Link to video recording of this morning’s oral argument:

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Link to the Court of Appeals opinion, which reversed the grant of summary judgment to the plaintiff athlete:

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Minnesota Judicial Branch - Minnesota Supreme Court | Minnesota Judicial Branch The Minnesota Supreme Court is the court of last resort in cases filed in Minnesota state courts, exercising original or appellate jurisdiction as conferred by the Minnesota Constitution.

Notable oral argument in the Minnesota Supreme Court this morning. Oral argument begins at 9 am. Livestream link below.

JayCee Cooper v. USA Powerlifting, et al, No. A23-0373.

Multiple issues re: the protection of transgender athletes from discrimination under the Minnesota Human Rights Act.

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Would appreciate being added on next update if there’s room.

I’m just getting started with this account, but the plan is to regularly post about all things related to Minnesota’s appellate courts. Opinions, orders, good oral arguments, etc.

Thanks!

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@rmfifthcircuit.bsky.social

Would greatly appreciate a boost/follow for your network of appellate-focused folks.

I’ll be posting rulings, orders, updates from MN two appellate courts.

Tracking all this helps my practice but I figured it also may be interesting for your network.

Thanks!

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Whether a court may deny the grant of official immunity by ignoring undisputed evidence in the record and interpreting a jail policy, utilizing the term “should” as eliminating any discretion reserved to staff?

Whether a court may deny the grant of official immunity by ignoring undisputed evidence in the record and interpreting a jail policy, utilizing the term “should” as eliminating any discretion reserved to staff?

Buxton v. Meyer et al., No. A23-1985

Petition: macsnc.courts.state.mn.us/ctrack/docum...

Response: macsnc.courts.state.mn.us/ctrack/docum...

Issues granted:

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When seeking a DNA sample from a charged defendant, is Minnesota Rule of Criminal Procedure 9.02 meaningless, because a search warrant is necessary?  And if there was error in not obtaining a warrant here, is a new trial required?

When seeking a DNA sample from a charged defendant, is Minnesota Rule of Criminal Procedure 9.02 meaningless, because a search warrant is necessary? And if there was error in not obtaining a warrant here, is a new trial required?

Minnesota statutes section 624.04 provides that a criminal defendant cannot be convicted upon the uncorroborated “testimony” of an accomplice.  The primary evidence against Steeprock was the unsworn, un-cross-examined accusations of his alleged accomplice.  Did the district court prejudicially err by denying Steeprock’s motion to instruct the jury that the State was required to corroborate those accusations?

Minnesota statutes section 624.04 provides that a criminal defendant cannot be convicted upon the uncorroborated “testimony” of an accomplice. The primary evidence against Steeprock was the unsworn, un-cross-examined accusations of his alleged accomplice. Did the district court prejudicially err by denying Steeprock’s motion to instruct the jury that the State was required to corroborate those accusations?

Hearsay is admissible as against the declarant’s penal interest only if the statement is so self-incriminating that no reasonable person would make the statement if it were true.  The declarant called Steeprock a “f—ing shooter,” claimed Steeprock threatened her with a gun, and claimed Steeprock discarded a gun.  Were these statements so against the declarant’s penal interest that they must have been true?

Hearsay is admissible as against the declarant’s penal interest only if the statement is so self-incriminating that no reasonable person would make the statement if it were true. The declarant called Steeprock a “f—ing shooter,” claimed Steeprock threatened her with a gun, and claimed Steeprock discarded a gun. Were these statements so against the declarant’s penal interest that they must have been true?

State v. Steeprock, No. A23-0875

Petition: macsnc.courts.state.mn.us/ctrack/docum...

Response & Cross petition: macsnc.courts.state.mn.us/ctrack/docum...

Issues granted:

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The MN Supreme Court met for a special term conference on Tuesday 11/19/24.

The Court granted review in two appeals and denied review in 30 appeals.

Orders list available here: www.mncourts.gov/SupremeCourt...

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Marcellus was disciplined in FL. He tried to continue practicing in MN as a public defender. He was eventually disbarred in FL in 2022. MN authorities then learned about his FL disbarment.

The MN Supreme Court held that he should be reciprocally disbarred in MN

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This week, the MN Supreme Court issued 1 opinion

In re Petition for Disciplinary Action against Madsen Marcellus, Jr., No. A23-1218

Held: Lawyer disbarred (per curiam)

Opinion: www.mncourts.gov/mncourtsgov/...

Oral argument: www.mncourts.gov/SupremeCourt...

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For now, this account is a placeholder. I need to figure out how I want to structure this.

Until I get settled, I’ll likely just post interesting decisions and oral arguments. I may try to post something on new cases the MN Supreme Court agrees to hear after they conference later this month.

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Helpful links:

MN Supreme Court: www.mncourts.gov/supremecourt...

MN Court of Appeals: www.mncourts.gov/courtofappea...

Appellate case lookup: macsnc.courts.state.mn.us/ctrack/publi...

Appellate brief archive: mn.gov/law-library/...

Court rules: www.revisor.mn.gov/court_rules/

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