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Author Archives: Geri Dreiling

Domestic Relations: Petition- Dismissal

Where a trial court did not provide a reason for dismissing without prejudice a prison inmate’s petition for dissolution of marriage, the appellate court could presume that it was done so based upon the appropriate ground of deficiencies within the ...

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Civil Rights: Consent- Blood Draw

Where a Minnesota law imposed a criminal penalty on a driver suspected of being intoxicated who refused a blood test, the argument that the driver was unconstitutionally coerced to give consent in order to avoid criminal charges failed because, under ...

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Negligence: Premises Liability- Duty of Care- Independent Contractor

(1)Where an employee of a company performing asbestos abatement was impaled on an exposed handrail support while going to a basement boiler room, the landowner was not liable for his injuries as an invitee pursuant to premises liability because it ...

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Criminal Law: Sexual Abuse- Incapacity- Evidence

Where a witness testified that she saw the defendant’s body going up and down on top of a woman who was passed out and the defendant exclaimed, “She let me do it,” there was sufficient evidence to support a conviction ...

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Bankruptcy: Jurisdiction- Debtor’s Appeal

Where a debtor appealed from an order of the bankruptcy court overruling her objection to the Chapter 7 trustee’s unsecured priority claim filed in her converted Chapter 13 case, the appeal is dismissed for lack of jurisdiction because the debtor ...

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Criminal Law: Supervision- Conditions

Where the district court imposed as a condition of supervised release that the defendant, who had ten children with seven different women, could not have unprotected sex, the condition was not reasonably related to the statutory factors set for in ...

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Immigration: Past Persecution- Incidents

Where a nonimmigrant visitor from Bosnia-Herzogovinia entered the United States with his wife and then later applied for asylum and withholding of removal on the basis that they feared persecution for self-identifying as Bosnians rather than Bosniaks, the Board of ...

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Criminal Law: Post Conviction Relief- Ineffective Assistance

Where a man was sentenced to concurrent terms of imprisonment totaling 13 years in the Missouri Department of Corrections and he would be required to serve at least 85 percent of his sentence, the motion court erred in denying his ...

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Criminal Law: Mental Evaluation- Competency

Where a man who was a patient at a hospital as a result of prior involuntary commitments punched a social worker in her face and abdomen, the trial court did not err in finding the man was competent to stand ...

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Criminal Law: Sentencing- Reduction- Eligibility

Where a defendant’s written plea agreement in a drug case was for the greater of 100 months or the court-determined guidelines minimum, and the district court and government agreed that the defendant was eligible for a sentence reduction following a ...

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