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Office of the Revisor of Statutes

2020 Court Opinions Table

This table was created as part of the revisor’s 2020 Court Opinions Report, required by Minnesota Statutes, section 3C.04, subdivision 3. The table lists sections, subdivisions, paragraphs, clauses, and items that were identified as ambiguous, vague, preempted, constitutionally suspect, or otherwise deficient in opinions of the Minnesota Supreme Court or Minnesota Court of Appeals filed after September 30, 2018, and before October 1, 2020. Full summaries of the opinions are included in the report.

Statute Citation Issue Court Opinion
60A.41, para. (a) Meaning of the term “insured” for subrogation actions (ambiguity) Depositors Insurance Company v. Dollansky, 919 N.W.2d 684 (Minn. 2018) (A17-0631)
169A.63, subd. 9, para. (d) Are the statutory DWI vehicle forfeiture procedure requirements unconstitutional under the Due Process Clause? (constitutionality) Olson v. One 1999 Lexus, 924, 924 N.W.2d 594 (Minn. 2019) (A17-1083)
256.98, subd. 1 Whether for the crime of wrongfully obtaining public assistance the state must prove the defendant intended to defeat the purpose of every assistance program listed or just the programs in which the defendant participated (ambiguity) State v. Malik, 2020 WL 1845964 (Minn. Ct. App. 2020) (A18-2003)
259.10, subd. 1 Meaning of the phrase “both parents” for the notice requirement for name changes of minors (ambiguity) Matter of J. M. M. o/b/o Minors for a Change of Name, 937 N.W.2d 743 (Minn. 2020) (A17-1730)
260C.301, subd.1, para. (b), clause (6) Meaning of the phrase “in the parent’s care” in relation to egregious harm and termination of parental rights (ambiguity) In the Matter of the Welfare of K. L. W., 924 N.W.2d 649 (Minn. Ct. App. 2019) (A18-1255)
290.068 Whether the reference to a definition for the corporate R&D credit in the Internal Revenue Code” incorporates more than one paragraph of that statute (ambiguity) General Mills, Inc. v. Commissioner of Revenue, 931 N.W.2d 791 (Minn. 2019) (A18-1660)
327A.01, subd. 8 Meaning of the term “warranty date” for statutory warranties for housing (ambiguity) Village Lofts at St. Anthony Falls Assoc. v. Housing Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020) (A18-0256)
473.848, subd. 1 Meaning of the phrase “the waste has been certified” in relation to the Metropolitan Landfill Abatement Act (ambiguity) BFI Waste Systems of North America, LLC v. Bishop, 927 N.W.2d 314 (Minn. Ct. App. 2019) (A18-0963)
500.24, subd. 2, para. (g) Meaning of the phrase “capable of being used for farming” in relation to the right of first refusal for agricultural land (ambiguity) Rabbe v. Farmers State Bank of Trimont, 2019 WL 2416036 (Minn. Ct. App. 2019) (A18-1845)
504B.441 Meaning of the phrase “complaint of a violation” for residential tenant eviction (ambiguity) Central Housing Associates, LP v. Olson, 929 N.W.2d 398 (Minn. 2019) (A17-1286)
590.11, subd. 1, para. (b), clause (1), item (ii) Meaning of the term “consistent with innocence” for the Minnesota Imprisonment and Exoneration Remedies Act (ambiguity) Buhl v. State, 922 N.W.2d 435 (Minn. Ct. App. 2019) (A18-0245)
609.27, subd. 1, clause (4) Is the criminal coercion statute facially overbroad in violation of the First Amendment? (constitutionality) State v. Jorgenson, 946 N.W.2d 596 (Minn. 2020) (A19-0323)
609.746, subd. 1, para. (a) Does the intent element of the crime of interference with privacy apply to all elements of the crime? (ambiguity) State v. Pakhnyuk, 926 N.W.2d 914 (Minn. 2019) (A17-0474)
609.749, subd. 2, clause (4) Is the criminal stalking-by-telephone statute facially overbroad in violation of the First Amendment? (constitutionality) State v. Peterson, 936 N.W.2d 912 (Minn. Ct. App. 2019) (A18-2105)
609.749, subd. 2, clause (6), and 609.795, subd. 1, clause (3) Are the stalking-by-mail statute and mail-harassment statute facially overbroad in violation of the First Amendment? (constitutionality) In the Matter of Welfare of A. J. B., 929 N.W.2d 840 (Minn. 2019) (A17-1161)


Full 2020 Court Opinions Report



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