Supreme Court Digest: July 29, 2026

Civil

Attorney Discipline

Disbarment

The Director of the Office of Lawyers Professional Responsibility brought a petition for disciplinary action alleging that respondent Kassius O. Benson violated the Minnesota Rules of Professional Conduct by (1) committing the federal felony offense of failing to account for and pay over employment taxes, in violation of 26 U.S.C. § 7202, for which he was convicted and sentenced in May 2024, and (2) misappropriating funds from a private client’s family in a criminal case. A referee concluded that Benson committed the misconduct alleged in the petition and that the misappropriation was intentional, and found several aggravating factors and one mitigating factor. Benson did not meaningfully dispute the referee’s factual findings with respect to the alleged rule violations.

The Supreme Court held that disbarment is the appropriate discipline for an attorney who was convicted of felony tax evasion arising out of the practice of law and who intentionally misappropriated client funds, where multiple factors aggravated his misconduct. Disbarred.

A24-1567 In re Benson (Original Jurisdiction)

Criminal

Controlled Substance Crimes

Conspiracy

This case relates to a prosecution under Minnesota’s controlled substance conspiracy statute, Minn. Stat. § 152.096, subd. 1, and for other controlled substance offenses, in connection with fentanyl sales. Defendant appealed his convictions for conspiracy to commit first-degree sale of controlled substances, first-degree sale of controlled substances, and second-degree possession of controlled substances. The Court of Appeals affirmed the controlled substance conspiracy and sale convictions, but reversed and remanded for the District Court to vacate the conviction for second-degree possession as a lesser-included offense.

The Supreme Court held that, under § 152.096, subd. 1, and State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001), the State’s assertion that it need not prove that the defendant knew that a conspiracy to commit first-degree sale of controlled substances involved controlled substances at or above the relevant statutory weight threshold was plain error that requires a new trial. Reversed in part, vacated in part, and remanded.

A24-0037 State v. Ahmed (Court of Appeals)

Orders

Attorney Discipline

Reinstatement

Francis Dale Baltimore, II, was reinstated to the practice of law.

A25-1325 In re Baltimore

Election Law

Timeliness

Petitioner filed a petition for writ of mandamus seeking to be placed on the 2026 governor ballot. The Secretary of State argued that the petition should be barred by laches as petitioner did not submit evidence that he compiled with the statutory requirements. Noting petitioner offered no explanation for his delay in waiting almost four weeks after learning of his removal from the ballot, the Supreme Court dismissed the petition. Dismissed.

A26-1178 Holden v. Simon