Success/Results2020-02-11T14:33:46+00:00

3rd degree criminal sexual conduct

Defendant convicted of 3rd degree criminal sexual conduct in Anoka County

Defendant was convicted of 3rd degree criminal sexual conduct in the County of Anoka, State of Minnesota.  The trial court excluded defendant's expert testimony on how generally, synthetic cannabinoids, K2, of they type used by defendant and victim the day of the offense, affects a person's ability to accurately perceive and recall events.  The Minnesota Court of Appeals found no error in the trial court's exclusion on the grounds of lack of relevance, because there was no evidence about the specific formulation of the K2 smoked by victim and defendant.

State v. Bierbrauer, A19-0330, Anoka County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Minnesota Second Amendment Lawyer wins gun rights restoration

Minnesota Second Amendment Attorney Lynne Torgerson wins gun rights restoration in Hennepin County

Gun Rights Restoration Lawyer Lynne Torgerson won restoration of gun rights in the Hennepin County District Court, State of Minnesota.  Approximately 20 years earlier, in 2000, as a juvenile, Ms. Torgerson's client had been adjudicated guilty of 3rd degree burglary.  Consequently, at that time, he lost his rights to possess firearms for the remainder of his lifetime.  Since that time, Ms. Torgerson's client had obtained his GED, established his career in oil rigs, and gotten married.  He also acquired land in northern Minnesota on which he would like to hunt.  The trial court concluded that he was not a risk to public safety and granted his request to restore his rights to possess firearms.  Well done Ms. Torgerson.

Order for protection

Adult daughter can obtain order for protection against father for teenage sexual abuse

Adult daughter sought order for protection against father for alleged sexual abuse when she was teenager.  The trial court denied it on the grounds that alleged harm had to be within the recent past.  The Minnesota Court of Appeals reversed holding that the trial court erred and that it does not matter when the alleged abuse occurred.  Reversed and remanded.

Lagoon v. Lagoon, A19-0824, Ramsey County.

Minnesota Criminal Defense Lawyer was not attorney of record in this case.

3rd degree assault

CASE LAW UPDATE:  Defendant's 3rd degree assault conviction upheld

Defendant was convicted of 3rd degree assault in Hennepin County District court.  Defendant argued on appeal that the evidence was insufficient to establish substantial bodily harm.   The Minnesota Court of Appeals noted that there was not evidence introduced at trial to support defendant's hypothesis that the victim had a preexisting condition.  Affirmed.

State v. Hawkins, A19-0275, Hennepin County.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Controlled substance crime – methamphetamine

Defendant's conviction for possession of methamphetamine reversed

Defendant was convicted of 5th degree possession of methamphetamine and possession of paraphernalia in the County of Nobles, State of Minnesota.  Defendant was a back seat passenger in a minivan in which methamphetamine and paraphernalia were found.  The Minnesota Court of Appeals in a rare case, reversed defendant's conviction based upon circumstantial evidence on the grounds that these circumstances did not exclude a reasonable inference that the methamphetamine and pipe were in the minivan before defendant entered and that he did not know they were there.  Reversed.

State v. Hinds, A18-1267, Nobles County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Child Pornography

CASE LAW UPDATE:  Admissibility of audio content of videos in child pornography trial in Minnesota

Defendant in a child pornography challenged the admission of the audio content of videos he surreptitiously recorded of minors.  In the videos, defendant made suggestive remarks.  His statements were probative as to his intent to produce lascivious footage and to show the videos were sexual in nature.  Judgement affirmed.

United States v. Petroske, 18-1572, appealed from the District of Minnesota, Erickson, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Controlled substance crime

Was the evidence sufficient to convict for 3rd degree controlled substance crime?

Defendant was convicted of 3rd degree controlled substance crime.  On appeal, he argued that the evidence was insufficient to prove guilty beyond a reasonable doubt because the task force did not observe money change hands between the informant and himself.  The Minnesota Court of Appeals held that the informant's testimony aligned with the officers' testimony of the buys whereby the only reasonable inference is that defendant sold Vicodin to the informant on two occasions.  Affirmed.

State v. Branson, A19-0367, Hubbard County, State of Minnesota.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Post conviction relief available from stay of adjudication?

No post conviction relief available for stay of adjudication

Defendant resolved his case under a stay of adjudication.  He successfully completed probation and the charge was dismissed.  Thereafter, defendant brought a petition for post conviction relief.   The Minnesota Court of Appeals concluded that because he received a stay of adjudication and had been discharged from probation, defendant could not seek relief under the post conviction statute.  Affirmed.

Johnston v. State, A19-0672, Olmsted County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Domestic assault sentencing

Sentence for domestic assault and felony domestic assault by strangulation

Defendant was found guilty of domestic assault and felony domestic assault by strangulation.  Defendant argued that his sentence must be reversed and remanded for resentencing on the grounds that the trial court erred in calculating his criminal history score.  The Minnesota Court of Appeals concluded that the trial court improperly included an additional criminal history point for the domestic assault conviction on which he was not sentenced.  Reversed and remanded.

State v. Lopez, A19-0410, Renville County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Ability to pay restitution

CASE LAW UPDATE:  Considering ability to pay when ordering restitution

Defendant argued that the trial court erred by ordering him to pay $5732 in restitution without considering his ability to pay.  Noting that the trial court incorporated an earlier appealed restitution order in its later order, and that, in that earlier order, the trial court considered defendant's strained financial circumstances and allowed him to make monthly payments, the Minnesota Court of Appeals concluded that the trial court did not err by failing to consider defendant's ability to pay.  Affirmed.

State v. Willis, A19-0815, Hennepin County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Falsely reporting crime

Falsely reporting crime by a police officer 

Defendant was convicted of falsely reporting that the police officer had committed the crimes of assault and sexual assault against her.  On appeal, she argued that the trial court had erred by failing to specifically define "crime" or "criminal act" in the jury instructions.  The Minnesota Court of Appeals concluded that the general nature of assault crimes is well known to Minnesota citizens.  It therefore held that the trial court did not commit error, plain or otherwise, in its jury instructions.  Affirmed.

State v. Cerda, A19-0349, Olmsted County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

2nd degree criminal sexual conduct

Attempted 2nd degree criminal sexual conduct 

Defendant was convicted of attempted second degree criminal sexual conduct.  On appeal, defendant argued that the trial court erred in denying his motion for judgment of acquittal because the State failed to prove beyond a reasonable doubt that he attempted sexual contact.  The Minnesota Court of Appeals held that defendant intended to attempt to engage in sexual contact with a 12 year old by asked her to touch his penis.  Affirmed.

State v. Byrnes, A19-0117, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

2nd degree assault and self defense

Did the prosecution prove beyond a reasonable doubt that defendant did not act in self defense in 2nd degree assault case?    

Defendant was convicted of 2nd degree felony assault.  On appeal, defendant argued that the evidence was insufficient to prove beyond a reasonable doubt that he was not acting in self defense.  Noting that defendant could have left the apartment, but chose to instead retrieve a knife from the kitchen and begin swinging it at the victim, threatening to kill him, the Minnesota Court of Appeals concluded that the facts did not support an actual and honest belief of imminent bodily harm.  It also concluded that defendant had to opportunity to retreat and failed to do so.  Affirmed.

State v. Burns, A19-0111, Clay County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Constitutional right to travel

Whether the constitutional right to travel is violated by drivers licensing statutes

Defendant was convicted of driving after cancellation as inimical to public safety.  Defendant argued that his conviction for driving after cancellation as inimical to public safety violated his constitutional right to interstate travel.  The Minnesota Court of Appeals concluded that defendant failed to demonstrate that section 171.24 of the Minnesota Statutes, or indeed any provision of the drivers licensing statutes, placed an unconstitutional burden on the right of a citizen to travel between or within the states.  Affirmed.

State v. Hunt, A19-0193, Scott County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Is laundry room part of dwelling under burglary statute?

A secured laundry room is part of dwelling under burglary statute

Defendant pleaded guilty to burglary.  He then brought a motion to withdraw his plea contending his plea was inaccurate on the grounds that a secured laundry room in an apartment building was not a dwelling under Minn. Stat. section 609.52, subd. 1(a).  Noting that caselaw established that areas appurtenant to a dwelling are part of the dwelling, the Minnesota Court of Appeals concluded that the locked laundry room was considered a dwelling.  Affirmed.

State b. Grondahl, A19-0292, St. Louis County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Juvenile deliquency adjudication in best interests of child

Adjudication in best interests of child in juvenile delinquency case

Defendant juvenile was found guilty of sexually abusing his much younger sister and bribing her with candy to entice continuation of abuse.  The trial court adjudicated defendant juvenile guilty.  Defendant appealed adjudication.  The Minnesota Court of Appeals held that the trial court did not abuse its discretion in determining that adjudication was in juvenile's best interests and that he posed a risk to public safety.  Affirmed.

In re E.P.T., A19-0579, Mille Lacs and Stearns Counties.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Minnesota Second Amendment Lawyer Lynne Torgerson wins gun rights restoration in Kanabec County

Minnesota Criminal Defense Attorney Lynne Torgerson won gun rights restoration in Kanabec County

Minnesota Criminal Defense Attorney Lynne Torgerson won a gun rights restoration case in Kanabec County.  Since his disqualifying offenses, Ms. Torgerson's client had gotten married, established long term stable employment, and had remained crime free.  He did not use illegal drugs and never had any mental health counseling or diagnosis.  Earlier in life, he had become addicted to methamphetamine.  Consequently, he was convicted of approximately four (4) disqualifying felony convictions of crimes of violence.  Then his criminal record ceased.  After the passage of time, approximately seven (7) years, Ms. Torgerson's client wanted to get his gun rights restored.  Ms. Torgerson's client lived far out in the country, he wanted to go deer and boar hunting, show his children how to hunt, and be able to scare critters, mountain lions, and coyotes, away.  Having found good cause, The Honorable Stony Hiljus granted petitioner's request to restore his rights to possess firearms.  Well done Ms. Torgerson.  T.R.

By |January 26th, 2020|Categories: Victories/Case Law Updates|0 Comments

Distribution of child pornography

Federal court imposes consecutive sentencing in distribution of child pornography case

Defendant pleaded guilty to distribution of child pornography.  The District Court imposed a sentence at the bottom of the guidelines range, but order it to run consecutive to an earlier imposed sentence following a revocation of defendant's supervised release.  On appeal, defendant argued that his sentence punished the same conduct as his revocation sentence, in violation of the prohibition against double jeopardy.

Where defendant's combined sentence for the new conviction and probation revocation was less than the statutory maximum sentence for his original conviction, it did not rise to the level of plain error.  Affirmed.

United States v. Watters, 18-2237, appealed from the Northern District of Iowa, Melloy, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Motion to suppress heroin sustained

Defendant's motion to suppress heroin found in rental car sustained

Defendant's motion to suppress heroin found in rental car was denied by the District Court.  The Eighth Circuit Court of Appeals concluded that defendant had standing to challenge the search, since he had permission from his wife to operate the rental car.  However, defendant's actions during the traffic stop and search, including giving a false identification and changing his story, as well as a positive canine alert, were sufficient to give probable cause for a search.  Affirmed.

United States v. Bettis, 18-2407, appealed from the District of Minnesota, Kobes, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Amusing although ineffective argument in threats of violence case

Defendant argued that threat of violence was immediate and not for future

Defendant was convicted of threats of violence.  On appeal, he argued that the evidence was not sufficient for a threats of violence conviction because his actions did not threaten a future crime of violence.  Defendant argued that although he threatened to kill the victim, his threat was to commit an immediate act of violence, not, as the statute requires, a threat to commit a future act of violence.  The Minnesota Court of Appeals concluded that defendant's statements that he was "going to f---ing kill" the victim could be reasonably construed as a threat to kill the victim in the future.  Affirmed.

State v. Neitzel, A19-0180, Pine County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Federal sentencing in methamphetamine case

Sentence for possession of methamphetamine in federal court 

Where a defendant challenged the substantive reasonableness of his sentence in a methamphetamine case, the District Court expressly considered the defendant's difficult upbringing.  However, the District Court explained that his recent criminal history outweighed his mistreatment, so the decision to deny the request for a downward variance was not an abuse of discretion.  Judgment is affirmed.

United States v. Fitzpatrick, 18-3312, appealed from the Northern District of Iowa, Smith J.

Minnesota Second Amendment Lawyer Lynne Torgerson wins gun rights restoration in Hubbard County

Minnesota Second Amendment Attorney Lynne Torgerson wins gun rights restoration in Hubbard County

Gun Rights Restoration Lawyer Lynne Torgerson won gun rights restoration in the County of Hubbard, State of Minnesota.  Ms. Torgerson's client had one prior disqualifying conviction.  As a teenager, he had pleaded guilty to criminal sexual conduct for non-consensual contact with a female's breast.  He had received a stay of imposition of sentence, whereby the conviction was now deemed a misdemeanor.  Whether the petition should have been granted was contested by the State.  Ms. Torgerson's client was a high school graduate, a cosmetology school graduate, and was a responsible business owner, husband and father.  Additionally, since his offense, fourteen (14) years had passed, with no similar offense.  There was no evidence of drug, alcohol, or mental health concerns.  Prior to his offense, Ms. Torgerson's client had a long positive record of safe use of firearms stemming from hunting with his father, which was a bonding experience.  Finding good cause, The Honorable Robert D. Tiffany, granted Ms. Torgerson's request to restore his rights to possess firearms.  Well done Ms. Torgerson.

Loitering with intent to sell drugs

Evidence was sufficient to convict of loitering with intent to sell narcotics

Defendant challenged his conviction of loitering with intent to solicit the illegal sale, distribution, purchase, or possession of narcotics.  Defendant contended that his conduct did not amount to loitering with the meaning of the Minneapolis ordinance.  The Minnesota Court of Appeals concluded that evidence that defendant stood against an abandoned building located in a high crime area for over 18 minutes, and that police saw him conduct to hand to hand transactions that were consistent with narcotics sales was sufficient to support his conviction.  Affirmed.

State v. Brown, A18-1735, Hennepin County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Whether indoor porch is part of a building under burglary statute

Indoor porch is part of building under burglary statute

Trial court denied defendant's petition for postconviction relief.  On appeal, defendant argued that he should have been permitted to withdraw his plea of guilty to second degree burglary and stalking.  Defendant argued that his plea was not accurate because the record did not establish that he entered the victim's porch without her consent.  The Minnesota Court of Appeals concluded that the indoor porch, for purposes of the burglary statute, was a building in which defendant would need consent to enter.  Affirmed.

Fordyce v. State, A19-0648, Crow Wing County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Post conviction relief timeliness

Timeliness of petition for post conviction relief

Defendant's petition for post conviction relief was denied.  On appeal, defendant argued that the trial court (1) abused it discretion when it considered the timeliness of his petition where the State did not raise this issue; (2) erred by denying his request for an evidentiary hearing, rejecting due process violations, and denying his petition.  The Minnesota Court of Appeals concluded there was no error in consideration of timeliness issue, and that prosecutorial misconduct issues were Knaffla barred.  Affirmed.

Honeycutt v. State, A19-0887, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Probation violation

Questions posed by judge during probation violation hearing

Defendant challenged the revocation of his probation.  Defendant contended that the trial court deprived him of due process of law by conducting an independent investigation by questioning his sobriety, ordering a chemical test, and reporting its results.  The Minnesota Court of Appeals concluded that the trial court did not err by questioning defendant, ordering him to submit to chemical testing, and considering his admitted positive test result among other facts justifying revocation of probation.  Affirmed.

State v. Foote, A19-0838, Dakota County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Second petition for post conviction relief

Second petition for post conviction relief for second degree assault  

Defendant challenged the trial court's denial of his second petition for postconviction relief in his second degree assault case.  Noting that defendant did not present the victim's affidavit as a basis for relief until approximately 19 years after his conviction, the Minnesota Court of Appeals concluded that the trial court did not abuse its discretion.  Affirmed.

Reed v. State, A19-0882, Hennepin County.

Commentary:  A petition for postconviction relief is one of the most difficult types of proceedings to win.  Further, it becomes more difficult to win a petition for postconviction relief with each subsequent petition.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Disclosure of urine test in DWI case

Disclosure of urine test in DUI case did not violate Data Practices Act

Defendant was convicted of misdemeanor driving while impaired and driving after cancellation in Nobles County, State of Minnesota.  Defendant argued that the trial court erred in denying his motion to suppress.  The Minnesota Court of Appeal concluded that because the results of defendant's urine test was validly disclosed to the trial court by law enforcement for law enforcement purposes in the search warrant application, defendant's claim of a violation of the Minnesota Government Data Practices Act was without merit.  Affirmed.

State v. Cruz, A19-0344, Nobles County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Minnesota Second Amendment Attorney Lynne Torgerson wins appeal of revocation of permit to carry

Minnesota Second Amendment Lawyer Lynne Torgerson wins appeal of wrongful revocation of permit to carry

Top Second Amendment Attorney Lynne Torgerson wins appeal of wrongful revocation of permit to carry out of the County of Dodge, State of Minnesota.  Ms. Torgerson's client had obtained a permit to purchase.  He then was issued a permit to carry.  About 1 year later, the Dodge County Sheriff's Office revoked her client's permit to carry.  After much legal research, an appeal was filed with the Dodge County District Court.  At the hearing, the Assistant Dodge County Attorney conceded that the Sheriff had wrongfully revoked the permit to carry.  The permit to carry was returned to Ms. Torgerson's client.  The Dodge County District Court Judge awarded Ms. Torgerson's client $2400.00 is attorney fees and costs.  Ms. Torgerson has now won gun rights cases in 32 counties in the State of Minnesota, as well as at the Minnesota Court of Appeals.  Well done Ms. Torgerson.

1st degree criminal sexual conduct

Fine of $20,000 in criminal sexual conduct case

Defendant was convicted of 1st degree criminal sexual conduct.  On appeal, he aruged (1) the evidence was insufficient to prove beyond a reasonable doubt that he committed the charged offense; (2) the $20,000 fine was an abuse of discretion.  The Minnesota Court of Appeals concluded that the victim's testimony combined with corroborating testimony provided sufficient evidence to support defendant's conviction.  Further, the fine was within the trial court's discretion.  Affirmed.

State v. Burciaga, A19-0004, Mower County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

3rd degree sale of a controlled substance

Prejudicial evidence in 3rd degree sale of a controlled substance trial 

Defendant was convicted of 3rd degree sale of a controlled substance in Redwood County, State of Minnesota.  Defendant appealed arguing that it was plain error for the trial court to admit into evidence an exhibit identifying defendant as a drug dealer and a gang member.  The Minnesota Court of Appeals concluded that there was no plain error, noting that there was nothing to suggest that the outcome of the trial was affected in any material way by the two isolated references in one document to defendant's drug and gang history.  Affirmed.

State v. Clay, A19-0250, Redwood County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

1st degree controlled substance crime

Evidence sufficient to uphold convictions of 1st degree controlled substance crime

Defendant was convicted of two counts of 1st degree controlled substance crime.  On appeal, defendant argued that the evidence was not sufficient to prove guilt beyond a reasonable doubt.  When executing a search warrant at apartment where defendant was staying with 3 other men, officers found 4 small plastic bags of cocaine under the couch cushion where defendant slept.  The Minnesota Court of Appeals concluded that as a whole the circumstances proved excluded any reasonable inference other than defendant's guilt of constructively possessing cocaine.  Affirmed.

State v. Medina, A19-0149, Dakota County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Post conviction relief petition

Petition for post conviction relief regarding self defense

Defendant brought a petition for post conviction relief from his conviction of 3rd degree assault.  Defendant argued that the State failed to prove beyond a reasonable doubt that he did not act in self defense.  Noting that direct evidence showed that defendant was the aggressor and provocateur, the Minnesota Court of Appeals concluded that the evidence was sufficient to support the State's proof beyond a reasonable doubt that defendant did not act in self defense.

State v. Limper, A19-0770, Polk County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Felony threats of violence case

Felony threats of violence trial in Hennepin County

Defendant appealed his conviction of felony threats of violence.  He contended the trial court abused its discretion in allowing a defendant witness to be cross examined about possible immigration consequences defendant might suffer if found guilty.  The Minnesota Court of Appeals concluded that because evidence of defendant's immigration status was relevant to show a witness' potential bias, the testimony's relevance outweighed its prejudicial effect, and, the court gave a limiting instruction, the court did not abuse its discretion.  Affirmed.

State v. Gallegos-Olivera, A19-0023, Hennepin County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Prior consistent statements to hearsay exception in criminal sexual conduct trial

Prior consistent statements hearsay exception in 2nd degree criminal sexual conduct trial

Defendant appealed from his conviction of 2nd degree criminal sexual conduct.  Defendant argued that trial court erred:  (1) by admitting victim's prior inconsistent out of court statements; and (2) denying his motion for a downward dispositional sentencing departure.  The Minnesota Court of Appeals concluded that (1) victim's prior out of court statements were consistent with her testimony, noting that defendant's statements that he "didn't mean to do that to you" and that he "didn't want to go to jail" were reasonably consistent because they were another admission of guilt similar to others.  Affirmed.

State v. Brownbull, A19-0358, Sherburne County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Minnesota Criminal Defense Lawyer Lynne Torgerson wins gun rights restoration in Hennepin County

Minnesota Second Amendment Attorney Lynne Torgerson won gun rights restoration in Hennepin County

Minnesota Second Amendment Lawyer Lynne Torgerson won gun rights restoration in Hennepin County, the Honorable Joseph Klein presiding.  Ms. Torgerson's client was a high school graduate.  He was a United States Army Veteran, with Special Forces training, with an Honorable Discharge.  He had an established career.  He was a soccer coach.  As a child and in the military, he had extensive experience with firearms.  Ms. Torgerson's client wanted to get his Second Amendment rights to possess firearms restored.  He wanted to hunt with his aging father, before he passed.  He wanted to teach his children how to properly use firearms.  He had one (1) prior felony crime of violence conviction for 1st degree burglary.  He essentially punched the man cheating with his girlfriend.  He has had no subsequent disqualifying convictions for eight (8) years.  Finding good cause, Ms. Torgerson's client's request was granted.  Well done Ms. Torgerson.

Unconstitutionality of dissemination of sexual images statute

Felony dissemination of sexual images statute is unconstitutional

Defendant challenged his conviction of felony nonconsensual dissemination of private sexual images under Minnesota Statute §617.261, arguing that the statute is constitutionally overbroad and therefore facially invalid under the First Amendment to the United States Constitution.  The Minnesota Court of Appeals concluded that section 617.261 is facially overbroad in violation of the First Amendment to the United States Constitution, and the constitutional infirmity cannot be remedied through a narrowing construction or severance.  Reversed.

State v. Casillas, A19-0576, Dakota County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record.

Forfeiture of $42,830.00 cash

$42,830.00 cash forfeited for failure to properly serve 

This appeal challenged the trial court's determination that it lacked subject matter jurisdiction over an administrative forfeiture proceeding because appellant failed to properly serve a demand for judicial determination of forfeiture.  The Minnesota Court of Appeals held that because there was no dispute that appellant failed to mail an acknowledge of service with his demand for judicial determination, his attempted service by mail did not comply with the requirements of the forfeiture statute and, therefore, did not commence a forfeiture action.  Affirmed.

Lautigar v. $42,830.00 in U.S. Currency, A19-0188, St. Louis County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of domestic assault

Minnesota Expungement Attorney Lynne Torgerson won expungement of domestic assault conviction  

Minnesota Expungement Lawyer Lynne Torgerson won expungement of domestic assault conviction in the City of Robbinsdale, County of Hennepin, State of Minnesota.  Much earlier in life, Ms. Torgerson's client had been convicted of a domestic assault.  In connection with that case, Ms. Torgerson's client completed anger management, which a standard condition of probation.  Since that time, he had remained married for approximately 36 years, established a successful career, quit drinking alcohol, and remained law abiding.  At this time, Ms. Torgerson's client wished to have his gun rights restored.  Among other things, he wanted to be able to inherit a firearm from his father, go hunting, as well as pursue higher level employment.  He is no longer barred by Minnesota State law, only federal law.  And, federal law provides that if a person obtains an expungement, the federal law prohibition on possession of a firearms is supposed to be removed.  His wife supported the request for expungement.    Accordingly, the Hennepin County District Court granted his request for expungement.  Well done Ms. Torgerson and client.

By |December 30th, 2019|Categories: Victories/Case Law Updates|0 Comments

Right to speedy trial in murder and assault charges trial

Speedy trial not violated in 1st degree assault and attempted 2nd degree murder trial 

Defendant challenged his convictions of attempted 2nd degree murder and 1st degree assault, arguing that the trial court violated his right to a speedy trial.  Noting that defendant's trial occurred 42 days after his speedy trial demand, the Minnesota Court of Appeals concluded that the delay was not prejudicial.

State v. Ramsey, A18-2023, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Criminal Defense Lawyer Lynne Torgerson obtains dismissal of 911 interference charge

Minnesota Criminal Defense Attorney Lynne Torgerson obtains dismissal of 911 interference case 

Minnesota Criminal Defense Lawyer Lynne Torgerson successfully obtained the dismissal of a charge of gross misdemeanor 911 interference out of the County of Carver, State of Minnesota.  Ms. Torgerson's client was a young man, married, with children.  After a party at the couple's home, a suspicion of infidelity arose, with a subsequent altercation.  Initially, the case was resolved pursuant to an amendment from a charge of domestic assault to a Stay of Adjudication on a 911 interference charge.  After successful completion of probation, the case has now been dismissed.  Well done Ms. Torgerson.

Minnesota Expungement Lawyer wins expungement of threats of violence case

Minnesota Expungement Attorney Lynne Torgerson wins expungement of threats of violence case out of Ramsey County 

Minnesota Expungement Lawyer Lynne Torgerson won expungement of a felony threats of violence case out of Ramsey County, State of Minnesota.  Ms. Torgerson's client was charged with felony threats of violence.  Ms. Torgerson's client's had no prior criminal record.  Ms. Torgerson's client had a lengthy work history, and expungement would aid her in her future employment path.  Well done Ms. Torgerson.

Areas of Law

Ms. Torgerson can represent you and your loved one, on the following charges:

appeals, assault, aggravated assault, aggravated robbery, arson, burglary, carry and conceal, check forgery, child pornography, controlled substance crimes, credit card fraud, criminal sexual conduct, criminal vehicular operation, disorderly conduct, domestic abuse, domestic assault, domestic abuse no contact orders, drug charges, DWI/DUI, criminal sexual conduct, detox release, driving after suspension / revocation / cancellation, drivers license issues, electronic communications with a minor child, embezzlement, expungements, failure to register, false imprisonment, fleeing the police, forfeitures, forgery, fraud, freedom of speech, freedom of religion, gun charges, gun rights restoration, habeas corpus, harassment, harassment restraining order violations, homicide, identity theft, indecent exposure, juvenile crimes, kidnapping, manslaughter, murder, obstructing legal process, orders for protection, parole violations, pornography, postconviction relief petitions, probation violations, prostitution, restraining orders, Second Amendment, sexual assault, sex crimes, shoplifting, solicitation of prostitution, terroristic threats, theft, theft by swindle, threats of violence, violation of orders for protection, weapons offenses, white collar crimes, and all other misdemeanors, gross misdemeanors and felonies.