Minnesota Supreme Court Oral Arguments

On July 28, 2017, D.H. was shot to death in an alley/parking lot area behind a townhouse complex in Minneapolis where D.H.’s sister and his children lived. Surveillance video evidence depicted a man in a hoodie who drew a gun, approached D.H., put the gun to the back of his head, and pulled the trigger. A number of witnesses described the shooter as a light-skinned African-American man with a gray hoodie and long hair in braids or dreadlocks, a description that matched appellant James Andre Woodard. Two of Woodard’s daughters, aged 10 and 11, identified Woodard as the shooter. The 10-year old also mentioned Woodard’s gold teeth as an identifying characteristic. In addition, an adult witness testified to talking with Woodard shortly prior to the shooting and witnessing Woodard commit the shooting. Woodard was arrested and charged with second-degree murder, with intent-not premeditated. A grand jury then indicted him of first-degree premeditated murder. A 12-day trial was held. At the trial, Woodard sought to submit evidence that another individual who shares his general description (without the gold teeth) may have committed the murder. Specifically, Woodard sought to introduce evidence that the potential alternative perpetrator may have been angry at D.H. due to a prior shooting; that he lived near the site of the murder; and that he disappeared after the murder and no one could find him. The trial court refused to allow the evidence to be admitted, concluding that Woodard had not introduced any evidence connecting the potential alternative perpetrator to the scene of the crime. In its instructions to the jury, the trial court instructed the jury that it need not consider the lesser included charge of second-degree murder if it found Woodard guilty of first-degree murder, contrary to the decision in State v. Prtine, 784 N.W.2d 303, 317 (Minn. 2010). Neither party objected to the instruction. The jury convicted Woodard on the first-degree murder charge, and he was given a mandatory sentence of life in prison without the possibility of release. On appeal to the supreme court, the issues presented are (1) whether the trial court committed reversible error in refusing to admit appellant’s alternative-perpetrator evidence; and (2) whether the erroneous jury instruction affected appellant’s substantial rights. (Hennepin County) On appeal to the supreme court, the issue presented is whether multiple sentences for OFP violations arising from a single incident may be permitted under the multiple-victim rule. (Crow Wing County)

Pursuant to a plea agreement, appellant James Martin Alger, Sr., pleaded guilty to two counts of violating an order for protection (OFP). As part of his factual basis, Alger admitted that he violated the OFP by having contact with his ex-girlfriend and their minor son. He also agreed that he would receive two sentences, which would be served consecutively. The district court imposed sentences that were consistent with the parties’ agreement. On appeal, Alger argued that the imposition of two sentences was unlawful under Minn. Stat. § 609.035 (2018). The court of appeals affirmed the sentences, relying on the multiple-victim rule. On appeal to the supreme court, the issue presented is whether multiple sentences for OFP violations arising from a single incident may be permitted under the multiple-victim rule. (Crow Wing County)

Cindi Ali participates in the Section 8 housing choice voucher program, a federal program administered by the Scott County Community Development Agency. Ali has a developmentally disabled child and also participates in a state program known as the Consumer Directed Community Supports (CDCS) program. Her child is eligible for home and community-based services through the Developmental Disabilities waiver. The County determined that the money that Ali receives for care that she personally provides for her child (the parent-allocated portion) must be included when calculating her household’s annual income for purposes of determining eligibility for the Section 8 program under 24 C.F.R. § 5.609 (2018). Ali challenged that determination. A hearing officer determined that the parent-allocated portion of the CDCS benefits constitutes annual income under the federal regulation for purposes of the Section 8 program. The court of appeals affirmed. On appeal to the supreme court, the issue presented is whether 24 C.F.R. § 5.609(c)(16) excludes, for purposes of calculating a family’s Section 8 household annual income, the parent-allocated portion of the CDCS benefits. (Scott County Community Development Agency)

In 1996, respondent James Bergman was convicted of misdemeanor domestic assault. In 2007, Bergman filed a petition to expunge his conviction. The district court found Bergman did not qualify for statutory expungement, but the court used its inherent authority and granted Bergman expungement of judicial records related to his misdemeanor domestic-assault conviction. Starting in 2008, Bergman was granted a permit to carry a pistol (carry permit). “[A] sheriff must issue a permit” to carry “to an applicant if the person” meets certain criteria. Minn. Stat. § 624.714, subd. 2(b) (2018). One criterion is that the person “is not prohibited from possessing a firearm under . . . any federal law.” Id., subd. 2(b)(4)(ix). Federal law prohibits a person “who has been convicted in any court of a misdemeanor crime of domestic violence” from possessing a firearm. 18 U.S.C. § 922(g)(9) (2012). However, “[a] person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside.” 18 U.S.C. § 921(a)(33)(B)(ii) (2012). In December 2017, Bergman applied to renew his carry permit. Appellant Isanti County Sheriff Christopher Caulk (“the Sheriff”) denied Bergman’s application because of his 1996 domestic-assault conviction. Bergman filed a petition for a writ of mandamus to compel the Sheriff to issue him a carry permit. The district court denied Bergman’s petition. A divided panel of the court of appeals reversed. On appeal to the supreme court, the issue presented is whether Bergman’s conviction for misdemeanor domestic assault disqualifies him from obtaining a permit to carry a firearm when judicial records related to that prior conviction have been sealed but executive branch records have not been sealed. (Isanti County)

An attorney discipline case that presents the question of what discipline, if any, is appropriate based on the facts of the matter.