Minnesota Lawyer//June 22, 2026//
Eviction Expungement
The Legislature amended the state’s eviction expungement statute in 2023 to require courts to expunge eviction cases when parties settle and tenants fulfill settlement terms. A landlord challenged the law after a former tenant’s eviction record was expunged, arguing the provision violated separation of powers. The Court of Appeals agreed and found the statute facially unconstitutional. On review, however, the Supreme Court focused on standing, holding that a party challenging a statute’s constitutionality must show the law harms or threatens a legal interest or right. Because the landlord failed to do so, it lacked standing. The decision was vacated.
Sela Invs., Ltd v. J.H., Supreme Court
License Revocation
A driver appealed the denial of his petition to reinstate his license after an implied-consent revocation, arguing police lacked reasonable, articulable suspicion to stop his vehicle because the information came from anonymous 911 callers. The Minnesota Court of Appeals upheld the stop. The court found the callers sufficiently reliable because they used the 911 system, reported firsthand observations of a driver slumped over at traffic lights, and provided details about the vehicle, location, direction of travel, and license plate. Officers corroborated key information by locating a matching white pickup and confirming a closely matching license plate. The decision was affirmed.
Hines v. Comm’r of Pub. Safety, Court of Appeals
Ineffective Counsel
A petitioner appealed the denial of postconviction relief from convictions that included attempted second-degree murder, claiming appellate counsel was ineffective for failing to challenge a clerical error in a jury verdict form and for not raising prosecutorial misconduct claims on direct appeal. The Court of Appeals held that appellate counsel’s performance did not fall below an objective standard of reasonableness. The court found the verdict-form argument lacked merit because the record consistently showed the petitioner was charged, tried, instructed, convicted, and sentenced for attempted second-degree murder. The omission of the word “attempted” from the verdict form was a clerical error that was later corrected. Affirmed.
Banks v. State, Court of Appeals
See all of the week’s Opinion Digests for the Minnesota Supreme Court, Court of Appeals and the 8th Circuit here.