"Defending Your Constitutional Rights"
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Notable Apellate Victories

State v. Newstrom -
Compulsory School Attendance Law held unconstitutional, paving the way for home schooling.

State v. Erickson -
Prosecution Sanctioned and restricted from filing automatic removals of judges, based upon seperation of powers.

Dreyling v. Commissioner of Revenue -
Holding that findings of taxpayer fraud could not be established by failure to provide records to commissioner's agents.


State v. Hamm -
Holding that the Minnesota Constitution Article 1, Section 6 applied and required a twelve person jury in a ll criminal cases, subsequently modified by congressional amendment to allow six person juries in misdemeanor and gross misdemeanor cases.

CARD v. Kandiyohi County -
Environmental assessments of a single gravel pit must also incorporate contiguous pits in the overall environmental assessment.

In Re the Welfare of M.A.C. -
Set forth the rule of law requiring counsel for indigent parents in parental rights termination cases.

State v. Carver -
The court decided that law enforcement could arrest persons fo petty misdemeanors or certain misdemeanor level offenses.

Beier v. Beier -
Court abused discretion in failing to allow child support obligor credit for income taxes owed as opposed to actually paid.

State v. Borrego -
The court cannot, on remand, sentence a defendant consecutively, when the sentencing guidelines call for a concurrent sentence.

State v. Smith -
Statutory language in criminal cases require strict construction.

Anderson v. Veblen Premium Pork, Inc. -
Homesteads are exempt from assignments of contract rights which gives rise to liens and judgements absent both spouses approval in writing.

Phillips v. City of Dayton -
Summary judgement inappropriete without findings that no material facts are in dispute as to whether or not a resignation could also be the cause of employee's constructive discharge due to retaliatory conduct by employer against whistleblower.

In Re the Marriage of Sapp v. Nelson -
Children may be a party to their parent's dissolution action and have the independant right the appeal adverse custody and visitation issues.

Lindquist v. Rice Memorial Hospital -
Res Judicata does not apply to a matter unless there has been a prior, appealable court order on the merits.

State v. Swoboda -
Defendant was allowed to have mother of alleged child/victim examined by his mental health evaluator and was entitled to an independant evaluation of the victim's prior mental health.

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