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Repeated References to Race

Where defense counsel improperly made references to race throughout the trial, including stating that defendant “chose to fraternize with black outlaws” and “black bucks,” “blacks prefer crack cocaine”; and defendant’s boyfriend was a “black stud”; and defense counsel improperly made ...

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Notice of Default

Where a buyer agreed to purchase automotive paint coating exclusively from the seller for a minimum of five years; the agreement required the buyer to give the seller written notice “setting forth in reasonable detail the cause of default” and ...

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Procedural Bar

Where petitioner was convicted of second-degree unintentional murder for shaking an infant; her conviction was affirmed on appeal; and petitioner argues that Minnesota should adopt the felony-murder merger rule and that third-degree assault cannot be a predicate felony for felony ...

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Subcontractor Indemnity Clause

Where the indemnity clause in a builder’s contracts with a subcontractor provides that the subcontractor shall defend and indemnify the builder against any claims “arising out of or in any way relating to the work services or activities of [the ...

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Impermissible Recommendation

Where defendant pleaded guilty and the state agreed to recommend probation; the court agreed to the recommendation if the guidelines called for a probation term but stated that defendant would otherwise receive the guidelines sentence; before being sentenced, defendant knew ...

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Property Division

Where, in dividing marital property, the District Court determined that husband should pay to wife $56,250 and wife should pay to husband $22,000; husband persuasively argues that because wife’s debt is unsecured and wife has little means by which to ...

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Involuntary Consent

Where seven uniformed officers arrived at a scene in response to reports concerning the conduct of defendant’s companion, who was removed from the scene; officers took defendant and another man who was with him in separate squad cars to their ...

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Abstinence Restriction

Where police found appellant soaking in his own vomit and slumped over the wheel of his pickup truck parked on a street outside two bars at closing time; the officers smelled alcoholic beverages when they opened the truck door; and ...

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