John Gieseke v. IDCA, Inc. et al., 844 N.W.2d 210 (Minn. 2014): The Minnesota Supreme Court reversed the court of appeals and district court in favor of my client, vacating a damages award of $220,000. In doing so, the supreme court officially recognized the business tort of interference with prospective economic advantage, and for the first time set forth the elements for that cause of action.
United States v. Cullen, 432 F.3d 903 (8th Cir. 2006): The Eighth Circuit Court of Appeals reversed and remanded for resentencing of my client because the district court committed procedural error by applying sentencing guidelines as mandatory, and the error was not harmless.
State v. Weaver, 733 N.W.2d 793 (Minn. App. 2007): The Minnesota Court of Appeals reversed the second-degree murder conviction of my client and remanded for a new trial. The trial court had erred in allowing the medical examiner to testify about material lab results when the lab technician’s identity was unknown, and he or she was unable to be cross-examined.
State v. Jacobson, 697 N.W.2d 610 (Minn. 2005), affirming State v. Jacobson, 681 N.W.2d 398 (Minn.App. 2004): The Minnesota Supreme Court and the court of appeals reversed the district court’s decision denying my client’s motion seeking to admit evidence relating to his mental state based on good faith misunderstanding of the law. My client had relied on advice of his personal counsel and on a letter of a chief deputy prosecutor stating similar acts were legally permissible.
State v. Anderson, 2004 Minn. App. LEXIS 672, 2004 WL 1327689, File No. A03-1861: The court of appeals lowered my client’s sentence to the guideline sentence of 48 months even though my client had agreed to upward departure of 60 months in plea agreement. We appealed the sentence because district court’s reliance solely on plea agreement was legally insufficient basis for upward departure.
State v. Donnay, 600 N.W.2d 471 (Minn.App. 1999): The Minnesota Court of Appeals affirmed the dispositional departure sentence granting defendant probation rather than a guideline prison sentence or the State’s requested upward durational departure. Defendant had been driving drunk, and two passengers were killed and one seriously injured.