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Appeals
Timeliness
This case involved a late appeal caused by the court administrator’s failure to immediately transmit notice of entry of judgment to the parties as required by Minn. R. Civ. P. 77.04. The Court of Appeals dismissed the appeal, enforcing the deadline in Minn. R. Civ. App. P. 104.01, subd. 1, which is based on the date that judgment is entered. Appellant sought reinstatement of its appeal because the parties received notice that the District Court had entered judgment only after the time to appeal had expired.
The Supreme Court held that (1) Minn. Gen. R. Prac. 14.01(c)(2), which applies in Minnesota District Courts, does not authorize appellate courts to reinstate a late appeal; and (2) the interests of justice warrant reinstatement of this late appeal because the court administrator did not immediately transmit notice of entry of judgment to the parties as required by Rule 77.04, and neither party received notice of the judgment until after the time for appeal had expired. Reversed and remanded.
A24-0787 Wells Fargo Bank, Nat’l Assoc. v. True Gravity Ventures, LLC (Court of Appeals)
Criminal
Confessions
Corpus Delicti
At issue in this attempted first-degree criminal sexual conduct case was the operation of the corpus delicti statute, Minn. Stat. § 634.03, which provides that a defendant cannot be convicted of a crime based solely on the defendant’s confession to the crime. After isolating and physically attacking a woman, defendant confessed that he had been planning to rape her during the encounter. The state charged defendant with attempted first-degree criminal sexual conduct, and the District Court found defendant guilty and sentenced him to prison. The Court of Appeals reversed defendant’s conviction, concluding that for attempt crimes, the corpus delicti statute requires independent evidence of both a defendant’s intent and a substantial step toward commission of the underlying offense, and that because defendant’s confession was the only evidence that he intended to sexually penetrate the victim, defendant’s conviction violated the corpus delicti statute.
The Supreme Court held that (1) the corpus delicti statute is satisfied for both completed offenses and attempt offenses when there is independent evidence that reasonably tends to prove the defendant committed the charged offense; and (2) defendant’s conviction for attempted first-degree criminal sexual conduct does not violate the corpus delicti statute because the State’s evidence independent of defendant’s confession reasonably tended to show that defendant committed the offense. Reversed and remanded.
A23-0560 State v. Hill (Court of Appeals)
Orders
Attorney Discipline
Disability Inactive Status
Joseph J. LeBlanc was transferred to disability inactive status.
Attorney Discipline
Disability Inactive Status
Elizabeth A. Walker was transferred to disability inactive status.
Attorney Discipline
Suspension
Larry J. Laver was indefinitely suspended from the practice of law with no right to petition for reinstatement for 90 days.