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Topic: Minnesota Supreme Court


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In the News (Tue 15 Dec 09)

  
  Case in Brief:Minnesota Supreme Court Strikes Down Administrative Child Support Process   (Site not responding. Last check: 2007-10-31)
On January 28, 1999 the Supreme Court of Minnesota ruled that aspects of the state's administrative process related to child support establishment and enforcement violated the state constitutional clause requiring a separation of powers between the executive, judicial, and legislative branches of government.
The court gave three reasons for its decision: 1.) the administrative process infringed on the district court's jurisdiction; 2.) ALJ jurisdiction was essentially equal to the district court's jurisdiction; and 3.) the administrative process permitted non-attorneys to practice law, which infringed on the judicial branch's exclusive power to supervise those who practice law.
Minnesota's administrative process for child support has long been regarded as a model for administrative efficiency and the state's child support program is one of the best-performing in the country.
www.ncsl.org /programs/cyf/mncbrief.htm   (1823 words)

  
 Minnesota Supreme Court -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-31)
The Minnesota Supreme Court is the highest (An assembly (including one or more judges) to conduct judicial business) court in the (Click link for more info and facts about U.S. state) U.S. state of (A midwestern state) Minnesota and consists of seven members.
The court was first assembled as a three-judge panel in 1849 when Minnesota was still a (An area of knowledge or interest) territory.
The state court system was rearranged in 1858 when Minnesota became a state, and justices are now (Click link for more info and facts about elected) elected to six-year terms unless a mid-term vacancy occurs, in which case the (The head of a state government) governor appoints a replacement to finish the term.
www.absoluteastronomy.com /encyclopedia/m/mi/minnesota_supreme_court.htm   (333 words)

  
 Encyclopedia: Minnesota Supreme Court   (Site not responding. Last check: 2007-10-31)
A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law.
Minnesota Territory was an organized territory of the United States from March 3, 1849 to May 11, 1858, when Minnesota was admitted as the 32nd state.
The Minnesota State Capitol in Saint Paul The Minnesota State Capitol is located in Minnesotas capital city, Saint Paul, and houses the Minnesota Senate, Minnesota House of Representatives, the Office of the Attorney General and the Office of the Governor.
www.nationmaster.com /encyclopedia/Minnesota-Supreme-Court   (809 words)

  
 R. A. V. v. City of St. Paul, Minnesota (1992)
The judgment of the Minnesota Supreme Court is reversed, and the case is remanded for proceedings not inconsistent with this opinion.
Furthermore, the Court obscures the line between speech that could be regulated freely on the basis of content (i.e., the narrow categories of expression falling outside the First Amendment) and that which could be regulated on the basis of content only upon a showing of a compelling state interest (i.e., all remaining expression).
However, the Minnesota court was far from clear in identifying the "injuries" inflicted by the expression that St. Paul sought to regulate.
www.bc.edu /bc_org/avp/cas/comm/free_speech/rav.html   (15615 words)

  
 Erowid Law Vaults : Minnesota Supreme Court : MN Supreme Court bans traffic 'consent searches'
The Minnesota Supreme Court had previously ruled in MN v Wiegand (645 N.W.2d 125, 135 (Minn. 2002)) that police were not allowed to bring in drug-sniffing dogs to search a vehicle after a traffic stop unless there is "reasonable, articulable suspicion of drug-related criminal activity".
This decision, and the NJ Supreme Court Decision before it, make a very clear statement that police officers are not allowed to detain citizens for more than is appropriate to the traffic violation for which they have been stopped, unless they have clearly articulable (describable) reason to think some other specific crime has been committed.
Because the Minnesota Supreme Court based their decision on the Minnesota Constitution and Minnesota state cases, this decision is not reviewable by the US Supreme Court and cannot be overturned.
www.erowid.org /freedom/courts/state/state_supreme_mn_case1_comment1.shtml   (914 words)

  
 Baker v. Nelson Information
Because of the Minnesota Supreme Court decision, the license was deemed invalid.
The Minnesota Supreme Court acknowledged the Fourteenth Amendment prohibits some state restrictions upon the right to marry, but that "in commonsense and in a constitutional sense, there is a clear distinction between a marital restriction based merely upon race and one based upon the fundamental difference in sex".
The district court dismissed the case, ruling that the U.S. Supreme Court's Summary disposition in Baker was binding on the district court—which meant that the District Court was required to uphold DOMA and the Florida marriage statute as constitutional.
www.bookrags.com /wiki/Baker_v._Nelson   (1752 words)

  
 Minnesota court opens most juvenile hearings
The Minnesota Supreme Court this week ordered that all hearings and most court records regarding abused and neglected children be opened to the public beginning July 1.
Minnesota Chief Justice Kathleen Blatz, who sought the pilot program and pressed for full openness, explained her court's decision: "It is my fundamental belief that the power of the court system is derived from the trust and confidence of the people in the judiciary.
The Minnesota pilot project was evaluated by the National Center for State Courts and was the subject of a public hearing last month.
www.post-gazette.com /headlines/20011228minncourtp6.asp   (501 words)

  
 Minnesota Supreme Court Issues Transgender Decision - Fredrikson & Byron P.A.
The Supreme Court, in overturning the Court of Appeals decision, determined that the sexual orientation discrimination claims failed because West restricted bathroom use based on biological gender, not sexual orientation.
The Court similarly rejected Goins' claim of sexual orientation harassment because the claim was based on employee comments regarding her use of the female restroom.
Employers operating outside of Minnesota should note that decisions in the transgender discrimination area are making their way through the courts in a number of states, and that the results may be dissimilar.
www.fredlaw.com /articles/employment/empl_0204_amr2.html   (558 words)

  
 MPR: Legal experts doubt Minnesota Supreme Court would overturn marriage ban   (Site not responding. Last check: 2007-10-31)
A federal court has said the Minnesota Supreme Court was explicit in interpreting the state's marriage statute.
Former Minnesota Supreme Court Justice James Gilbert says it is highly unlikely justices on the state Supreme Court would overturn a precedent that rests on solid legal ground.
It said the Minnesota Supreme Court was explicit in interpreting the state's marriage statute.
minnesota.publicradio.org /display/web/2006/03/27/marriageoverturn   (762 words)

  
 Restorative Justice Online — Minnesota State Supreme Court Upholds Use of Sentencing Circles
A January 2002 Minnesota Supreme Court decision reinforced the purpose and decision-making authority of sentencing-circles.
In the court of Appeals, the court sided with the State ruling that a "restorative justice program does not have the authority to assign a sanction that would be improper if imposed by the district court." The ruling was founded on the criteria set out for a court to stay adjudication.
In overturning the appeals court, the Minnesota State Supreme Court held that restorative justice programs are given the authority to assign appropriate sanctions.
www.restorativejustice.org /editions/2002/Feb02/mnstatesupremecourtup   (459 words)

  
 Minnesota Supreme Court Determines Telecommunications Network Equipment is Exempt Capital Equipment Used in ...
In this decision, the Supreme Court determined that purchases of network equipment that transformed sound into an electronic form for transmission and then reconstructed for delivery to a recipient were capital equipment and eligible for the manufacturing exemption.
The refund was denied by the Minnesota Department of Revenue, and Relators appealed to the Tax Court, which affirmed the denial determining that the equipment did not process tangible personal property.
The Supreme Court utilized legislative history to determine the legislative intent of the 1993 amendment.
www.ryanco.com /develop/Minnesota_Supreme_Court_Determines_Telecommunications_Network_Equipment_is_Exempt_Capital_Equipment_Used_in_Manufacturing.aspx   (364 words)

  
 Minnesota Supreme Court decision a victory for the people
The court in its ruling said, “The public’s input and its knowledge of the bases for the decisions of its elected officials lie at the heart of a democratic government.
The court, in fact, reversed rulings by the Scott County District Court and the Minnesota Court of Appeals in the Prior Lake matter.
The Minnesota Supreme Court’s decision is a victory for the people and for the democratic process which depends heavily on an informed electorate from discussion in meetings open to the public.
www.abcnewspapers.com /2002/may/23don.html   (522 words)

  
 Court Administration - 10th Judicial District, Anoka County, MN
At the state level, the Minnesota Court of Appeals reconsiders decisions of the trial courts if one of the parties is unhappy with the result and files an appeal.
Appeals from the circuit court may be made to the U.S. Supreme Court in Washington, D.C. Also in the federal system, the bankruptcy court--which has offices in Minneapolis, St. Paul, Duluth and Fergus Falls--is the court where people file their bankruptcy petitions and where disputes regarding their property and debts are resolved.
Court Administration is the agency which interacts most frequently with the public during their associations with the legal system.
www.co.anoka.mn.us /departments/courts/about.htm   (771 words)

  
 Supreme Court Case
The court ruled that since the lights were common and stock equipment, there was no real objective basis for the trooper to believe the lights were in violation of the law.
The Minnesota Supreme Court said "(it) is our concern that police, who have enormous discretion in enforcing traffic laws, may take advantage of their right to stop motorists for routine traffic violations in order to target members of groups identified by factors that are totally impermissible as a basis for law enforcement activity."
The Court, upon reviewing George's case, found that he did not voluntarily consent to a search, nor was he aware that he had a right to refuse consent and a right to leave.
usff.com /BOLT/articles/0197pan.html   (1124 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
The Minnesota Court of Appeals reversed, concluding that section 1367(d) did toll the state statute of limitations and that, in the alternative, the MHRA claims were equitably tolled during the pendency of the federal district court action.
The state district court granted the motion, [1] concluding that the limitations period for the state action was not tolled while the federal action was pending and that equitable tolling did not apply to extend the limitations period.
The court of appeals reversed, concluding that 28 U.S.C. § 1367(d) tolled the statute of limitations for respondents' MHRA claims during the pendency of the federal district court action.
caselaw.lp.findlaw.com /scripts/getcase.pl?court=MN&vol=sc\0101\c1991140&invol=1   (3649 words)

  
 Feld Cited by Minnesota Supreme Court - UofM Law School
University of Pennsylvania, B.A. University of Minnesota, J.D. Harvard University, Ph.D. Professor Barry C. Feld is one of the nation's leading scholars of juvenile justice.
He also served on the Hennepin County Juvenile Justice Task Force, the Minnesota Supreme Court Advisory Committee on Legal Representation of Juveniles, the Minnesota Juvenile Justice Task Force, and as Co-Reporter for the Minnesota Supreme Court's Juvenile Court Rules Advisory Committee.
The University of Minnesota is an equal opportunity educator and employer.
www.law.umn.edu /events/feld.html   (315 words)

  
 Justical Toleration of Racial Bias
The Minnesota Supreme Court's most significant response to the grim conclusions of the Task Force on Racial Bias was to appoint another task force to implement the recommendations of the first task force.
Given the court's occasional bold decisions and its public, extra- judicial war on racism, the cases that accommodate racial bias in the courtroom are difficult to understand.
The courts look the other way when persons of color are denied their rights to participate in the justice system as jurors, accommodating concerns about crime prevention, judicial economy and the adversary system.
academic.udayton.edu /race/03justice/justice02a.htm   (1655 words)

  
 MINNESOTA V. MILLE LACS BAND OF CHIPPEWAINDIANS   (Site not responding. Last check: 2007-10-31)
Minnesota was admitted to the Union in 1858.
In 1990, the Mille Lacs Band and several members sued Minnesota, its Department of Natural Resources, and state officials (collectively State), seeking, among other things, a declaratory judgment that they retained their usufructuary rights and an injunction to prevent the State’s interference with those rights.
The District Court ultimately concluded that the Chippewa retained their usufructuary rights under the 1837 Treaty and resolved several resource allocation and regulation issues.
supct.law.cornell.edu /supct/html/97-1337.ZS.html   (949 words)

  
 Minnesota Supreme Court denies review of teacher retirement benefits lawsuit
The Minnesota Supreme Court has denied review of a class action suit brought against the State of Minnesota by a group of current and former teachers who claimed they were unlawfully denied equal retirement benefits from the Minnesota Teacher Retirement Association (TRA).
The Minnesota Court of Appeals ruled that the statute of limitations has expired, a decision that is left intact by the Supreme Court’s decision to deny review.
Education Minnesota is an affiliate of the National Education Association, the American Federation of Teachers and AFL-CIO.
www.educationminnesota.org /index.cfm?PAGE_ID=4162   (500 words)

  
 Discrimination suit takes U to Supreme Court - Minnesota Daily
The U.S. Supreme Court recently agreed to hear an age discrimination lawsuit involving the University and two former employees, marking the first time the institution has been summoned to the highest court in the nation.
The court is considering the case to look at the larger issue of the constitutionality of a provision applying to state claims under federal court.
He then went to the Minnesota Court of Appeals which overturned the decision, arguing the 30-day time limit to refile a state claim is waived under conditions of supplemental tolling, the legal process for tacking state claims onto federal claims.
www.mndaily.com /articles/2001/06/08/1371   (612 words)

  
 Minnesota Supreme Court   (Site not responding. Last check: 2007-10-31)
(1) The U.S. Supreme Court has ruled that it is OK for judicial candidates to speak freely about legal and political issues that might come before their court.
Helen Meyer was appointed to the Minnesota Supreme Court in 2002.
And as a member of the Minnesota Commission on Judicial Selection, she assisted the governor in selecting well-qualified candidates to be judges.
www.paynesvillearea.com /news/elections/102004supremect.html   (1083 words)

  
 Recommendations of the Minnesota Supreme Court Advisory Committee on Rules of Public Access to Records of the Judicial ...
that individuals identified in court records once enjoyed, and requires a review of access policies to ensure that a proper balance is maintained between many competing and often conflicting interests including, but not limited to, protection against unsubstantiated allegations, identity theft protection, accuracy, public safety, accountability of courts and government agencies, victim protection and efficiency.
The Minnesota Supreme Court has ruled that the general practice to be followed is to have a conviction “recorded” in a judgment entered in the file in accordance with Minn.
The paper forms are not retained in the court files related to the case and are destroyed after the data is entered.
www.lawlibrary.state.mn.us /access/accessreport.htm   (6702 words)

  
 Minnesota Supreme Court: Legislature, Not Court, Should Address Public Defenders' Woes
The state Supreme Court on Monday denied a request by Minnesota public defenders who said they were overworked and needed to lighten their load.
The Supreme Court said requiring fewer public defenders in CHIPS cases could prolong them and hurt the court's ability to make proper decisions, such as whether to return children to their own families.
In a related case, the Supreme Court has yet to rule on a challenge to mandatory fees the Legislature imposed on defendants with public defenders.
www.nacdl.org /public.nsf/DefenseUpdates/Minnesota008?opendocument   (522 words)

  
 MPR: Minnesota Supreme Court upholds tobacco fee   (Site not responding. Last check: 2007-10-31)
"The language of the agreement didn't say that and therefore the court said, 'no, that wasn't the intent, that wasn't what the agreements says and therefore, the Legislature did have the authority to impose this fee," she said.
The tobacco companies took the state to court arguing that the state was double-dipping into the industry's coffers.
State Supreme Court takes on tobacco fee case.
minnesota.publicradio.org /display/web/2006/05/11/taxfeeruling   (1257 words)

  
 Minnesota Supreme Court's annual visit to college Sept. 2004 - William Mitchell College of Law   (Site not responding. Last check: 2007-10-31)
More than 350 William Mitchell students filled the auditorium Sept. 22 to witness an appellate argument before the Minnesota Supreme Court during the court's annual visit to the college.
The visits, which the state Supreme Court has been doing for the past 20 years, allow first-year students in William Mitchell’s Writing and Representation: Advice and Persuasion program to witness an argument before the high court.
The court reviewed the Minnesota Court of Appeals decision in Le Sueur County v.
www.wmitchell.edu /news/articles/38253courtvisit2004.html   (189 words)

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