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Court Order Securing Monetary Award

A judicial order that secures a monetary award with an interest in real property creates a property lien with priority over security interests that are obtained and recorded later by persons with notice of the order.Affirmed.

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Show-up Identification

Where a witness was driving after dark in January when he heard the sound of an alarm and saw two people running away from a retail store; the witness saw the two people from behind, at a distance of 60 ...

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Res Judicata

Where plaintiff brought an action against her sons in 2005 challenging the validity of a third-party levy, execution and sale; the action resulted in a final judgment on the merits in favor of plaintiff’s sons; and in 2006, plaintiff brought ...

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Advice re: Probation Violation

Where the offender received an EJJ disposition and a stayed adult sentence; while on EJJ probation, the offender pleaded guilty to DWI; at a probation revocation hearing, the offender, on the advice of counsel, admitted to violating his conditions of ...

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Attorney General’s Civil Investigation

Where the Attorney General served a company with a civil investigative demand (CID) for pre-complaint discovery after a newspaper article raised questions about the company’s practice regarding its CEO’s purchase of stock options, which may have resulted in an overstatement ...

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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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