Latest news with #MinnesotaCourtofAppeals
Yahoo
16-05-2025
- Yahoo
Minnesota Court of Appeals to decide if state can prosecute cannabis crimes on tribal lands
Todd Thompson, a White Earth tribal member, sold cannabis from his tobacco store in Mahnomen on the White Earth reservation in northern Minnesota. Photo by Max Nesterak/Minnesota Reformer. The Minnesota Court of Appeals will review whether the state may prosecute tribal members for cannabis crimes on most Native reservations in the state, wading into new legal territory after the state legalized recreational cannabis in 2023. The case involves a White Earth citizen, Todd Thompson, who faces a felony charge for selling marijuana from his tobacco store in Mahnomen on the White Earth reservation. Mahnomen County sheriff's deputies and White Earth tribal police raided his store on Aug. 2, 2023, a day after recreational cannabis became legal in Minnesota, and seized about 7.5 lbs of cannabis, 433 grams of marijuana wax and $2,748 in cash along with Thompson's cell phone and surveillance system. More than eight months after the raid, Mahnomen County charged Thompson with felony possession, which carries a maximum sentence of five years in prison and a $10,000 fine. Thompson asked Mahnomen County District Judge Seamus Duffy to dismiss the charge, arguing that the state doesn't have the legal jurisdiction to prosecute him. Under what's called Public Law 280, Minnesota has the power to prosecute tribal members on certain reservations including White Earth's for criminal acts, but not civil or regulatory violations of state law. Thompson and his attorney, Claire Glenn, argued that after cannabis was legalized in Minnesota, possessing and selling the drug became a regulatory matter, not a criminal one. Thompson also argued that prosecuting him for possession of cannabis violated his rights under the United States' 1855 Treaty with the Ojibwe, which guarantees the Ojibwe usufructuary rights to hunt, fish and gather on ceded lands. The district court judge ruled that the state did have jurisdiction, allowing the case to proceed. He held that the matter was criminal and that treaties guarantee rights to tribes, not individuals. Typically, criminal cases can only be appealed after a conviction, which raised the prospect that Thompson could be forced to go to prison before being able to appeal the judge's ruling. Thompson's attorney, Claire Glenn, asked the Court of Appeals to make an exception and review the jurisdiction matter because his case presents new legal questions that will have implications for Native tribes and tribal members across the state. The appeals court judges agreed. 'A decision on the jurisdiction of the state to enforce Minnesota's cannabis-possession laws and on the extent of the rights reserved under applicable treaties will have an immediate statewide impact on all Tribes in Minnesota subject to Public Law 280 and on their members,' Chief Judge Jennifer Frisch wrote in the opinion on behalf of herself, and Judges Randall Slieter and Rachel Bond. Glenn praised the decision, noting how rare it is for the Court of Appeals to intervene in the middle of criminal cases. 'We're very encouraged by that, but obviously we have a ways to go,' she said. Both sides must now submit written briefs before oral arguments will be scheduled.
Yahoo
23-04-2025
- Politics
- Yahoo
In win for landlords, appeals court strikes down eviction expungement law
Photo via Getty Images. Life just got harder for Minnesotans who want to shed the stigma — and the practical complications — of a past eviction. In a unanimous decision released Monday, a three-judge panel of the Minnesota Court of Appeals struck down a portion of a 2023 law designed to streamline the expungement process for evicted renters. Under the provision in question, judges were mandated to expunge court records of eviction proceedings in cases in which the tenant has satisfied the terms of a settlement agreement. In an opinion penned by Judge Peter Reyes, Jr., the appeals court criticized that requirement, saying that it 'removes the district court's discretion to determine whether expungement of its own records is appropriate and infringes on the judiciary's inherent power to manage its own records.' The ruling seems intended to protect the judiciary's prerogatives against the encroachment of the Legislature. '[The law] is contrary to standard court procedure, which allows the adverse party to object and the district court to decide the issue on the merits,' Reyes continued. 'In essence, [it] precludes courts from considering the underlying facts of any case, considering the arguments raised by a party opposing expungement, making findings, or determining whether granting the expungement is in the best interests of society or the individual.' The successful challenge was brought by St. Louis Park-based landlord Sela Investments, LTD, after a former tenant, identified only as 'L.H.', petitioned the Hennepin County District Court for expungement. The details of that proceeding are scant because L.H.'s records have been expunged. According to the briefs submitted to the appeals court, Sela commenced an eviction action against L.H. in December of 2023 over an unspecified violation of a lease. The following month, Sela and J.H. reached an agreement, and J.H. moved out by Jan. 31. In June 2024, J.H. filed for expungement on the grounds that the agreement had been satisfied. Less than an hour later, a district court referee granted the motion and, within a few days, J.H.'s expungement was finalized by an order from the district court judge. In a friend of the court brief, a coalition of 10 nonprofits that advocate for renters argued that the mandatory expungement provisions in the 2023 law provided vital protections from the harms that arise from having an eviction proceeding on one's record. Overturning the law could create 'grave consequences for tenants across Minnesota.' Among other things, the advocates noted that evictions 'disproportionately impact communities of color, women, victims of sexual and domestic violence, individuals with disabilities, and individuals receiving public housing assistance.' The groups' brief pointed to studies that showed an array of adverse health impacts arising in the wake of evictions, including worse birth outcomes for mothers and newborns, as well as significant increase in suicides. In response, Christopher Kalla and Douglas Turner, Sela's attorneys, wrote that the 'parade of horribles' outlined by the renter advocates are 'not unique to this appeal and the unconstitutionality' of the law. Kalla and Turner also argued that recent reforms to Minnesota's renter-screening laws 'provide relief to most, if not all, of the examples identified by the Intervenor.' In its ruling, the appeals court sent J.H. 's expungement request back to Hennepin County District Court for consideration under a separate provision of the eviction expungement law. Under that standard, the court can order expungement in the interest of justice when 'those interests are not outweighed by the public's interest in knowing about the record.' J.H.'s attorney, Elizabeth Frazier of the Minnesota Assistance Council for Veterans, did not immediately respond to a request for comment.
Yahoo
19-04-2025
- Yahoo
How individuals with criminal backgrounds reenter the workforce in Southeast Minnesota
Apr. 19—ROCHESTER — Jason Randall was released from prison four years early after the Minnesota Court of Appeals ruled that he was wrongfully convicted in Clay County for selling narcotics. Randall spent many years of his life in and out of courthouses, jail and prisons, so when a law enforcement officer pulled him over in 2022, his past DWI convictions resurfaced. In 2022, Randall was charged with five felony counts relating to selling drugs. After two years of fighting his case, the court of appeals ruled that the traffic stop should not have been expanded into a field sobriety test and a vehicle search because law enforcement only noted his behavior as being "unusual" after discovering his past convictions. Now, for the seventh time, Randall is working to rebuild his life beyond the bars. "When you first get out, there's an adjustment period," Randall said. "It goes from being super loud all the time to now it's quiet. There's not the hustle and bustle of being inside." With seven felony convictions still on his background, Randall has spent the last six months finding work and studying. His weekdays are spent working around Southeast Minnesota as a fiber optic technician for a cabling company in Rochester. On Saturdays and Sundays, he works nine-hour days at Taco Bell. The nights he's not at Bible study, he focuses his time studying remotely to earn a bachelor's degree from the Los Angeles Film School. "I'm trying to put that energy towards good things," Randall said. "That's why I stay as busy as I do." Since being released, Randall said there has been one major change compared to previous times he's been in custody: Robyn Wood, his probation officer. Wood, who works as an Olmsted County probation officer specialist, said she provides her clients with resources and connections to meet them where they are. "Our ultimate goal is to avoid them getting new charges or creating a new victim, but the reality is it can still happen," Wood said. In the Department of Corrections' annual report, 62% of formerly incarcerated individuals remained free of reconvictions after being released. The DOC calculates adult recidivism by looking at whether formerly incarcerated individuals were reconvicted within three years after they were released. To avoid seeing her clients face reconviction and reincarceration, Wood said their office aims to provide the individuals with as many resources that they need, from financial guidance to a support system. "Somebody's offense shouldn't dictate the rest of their life," Wood said. "Folks do change." Randall said after Wood helped him find the money to pay his apartment's security deposit, she sat down with him to create a budget — something that his other probation officers had never been willing to do with him. Since setting up his budget and establishing his seven-day work routine, Randall has been able to save up little by little. But the journey to finding jobs with felony convictions hasn't always been easy. When Randall enters a job interview, he opens up about his past almost immediately. "Ban the Box," a Minnesota law passed in 2009, requires employers to consider an applicant's skills and experiences before inquiring about their criminal record. Employers must wait to ask until the interview stage. Rather than waiting for the employer to ask, Randall said he prefers to be the one to bring his background up and ask the company about their policies surrounding hiring convicted felons. Once, Randall found out mid-interview that the maintenance position he was interviewing for would require him to work with handicapped individuals. He asked the hiring manager if his background would impact his application. He was told he wouldn't be eligible for the job, but the hiring manager offered to continue the interview. Randall declined. "It's just wasting your time and mine," he said. While some companies disallow individuals with any felony convictions, other companies are only particular about the type of felony committed. Certain convictions, including sex offenses and theft-related charges, make the job process more complicated, Wood said. "No matter the circumstance — it may have been a survival thing or something that happened five, six years ago — a lot of employers will see that and just feel that it's risky behavior that might be repeated," Wood said. For Randall, once he learns about the company's policies, he uses the remainder of the interview as an opportunity. "It gives me time to turn that negative around by the end of the interview because I can talk about all the good things I've done since then," he said. According to Tonya Naylon, a reentry career navigator with Workforce Development, this approach is just one way she encourages her participants to bring up their past in the interview process. Naylon, who works across 10 counties in Southeast Minnesota, helps individuals with criminal backgrounds find employment that aligns with their strengths and skills. Before they head into an interview, Naylon said she has her clients write down their personal statement, which allows the individual to take accountability for their past actions while showing that they are ready for a fresh start. She said she instructs the participants to read or hand the employer a copy of the statement during the interview. "Ultimately, we want the participant to be comfortable in whatever choices they make during the interview," Naylon said. "It's their interview, their time to shine." As for directly addressing their background, Naylon said there's no right time to do it. "Say what you need to say but keep it brief," she said. "What I believe is most important is owning what you did and then explaining why that's not going to impact your future employment." When individuals are released from prison, Naylon said she often notices a mix of hope and anxiety. However, their emotions tend to lean toward frustration after receiving multiple rejections from jobs. The rejections can be harmful after some time, especially for individuals who need to provide for themselves and their families, Wood said. Some of her clients are often saying: "I need to provide, I need to survive, and I need a job." The "job" doesn't need to be the one that will bring them out of poverty or fully support a family, Wood said. It needs to be a job that will get them back on their feet and contributing to society. She said finding a job and establishing financial independence can motivate her clients to continue on the right path. When her clients have the finances to pay bills, provide for their families and pay off fines, they develop a new sense of pride in their accomplishments at work. "They're contributing back to the community in a positive way," Wood said. "They're spending their time productively and not idly." Wood will often point these clients to fast food restaurants, car washes and labor-intensive jobs, such as lawn care and roofing. Though it wasn't enough to fully support him, Randall began working over 20 hours a week at a Taco Bell three weeks after he was released. He continues to work there on the weekends and uses the money to help pay for child support. "In my experience, if you want to work, there's a job," Randall said. "You might not like the job, but there's work." Shortly after being hired at Taco Bell, he began working as a fiber optic technician in Rochester. While in Faribault's correctional facility, Randall took a four- to six-month course on cabling technology, called the C-Tech program. The experience he gained while in prison allowed him to use the transferable skills within weeks of being released. "When you're in there," Randall said, "you just kind of do what you can." Wood said that when people take advantage of the programs offered in prison, there's a higher chance that they will reenter the workforce with a higher-paying job or even a career. According to the Department of Corrections, 18 different Career and Technical Education programs are offered at various correctional facilities. The prisons also offer programs to pursue their GED and bachelor's and associate's degrees. In addition to participating in the C-Tech program, Randall said he enrolled in some college courses, including creative writing, art and biology. The Minnesota Department of Corrections also offers a voluntary employment service program that provides work readiness and job search preparation. The EMPLOY program, created in 2006, works with individuals who have two years or less to serve in their sentence and aims to reduce recidivism. Participants have the opportunity to work in the MINNCOR or food service industries, participate in the Prison Fellowship Academy, earn a Career Tech Certification, or get involved in the Challenge Incarceration Program. Prior to being released from the correctional facilities, participants spend time preparing for interviews, identifying skills, drafting an elevator speech to introduce themselves and creating a resume that matches their skills and interests. "All of this increases the participant's confidence about their skills and ability to market themselves to potential employers," Brown said. According to JoAnn Brown, the employment services director for the Minnesota Department of Corrections, EMPLOY has offered its services to over 8,000 individuals. A January 2025 report found that participation in EMPLOY lowered the risk of re-incarceration for a new felony by 46% while completion of the program resulted in a 59% lowered risk of re-incarceration. "They're not looking at me. They're looking at my past mistakes." Those are the lines Naylon often hears from the individuals she works with, but the stigma surrounding people with criminal backgrounds isn't true for everyone, she said. Naylon said employers are hesitant to hire someone with a background, despite the individual being fully qualified. Part of her job involves traveling to different employers in Southeast Minnesota to educate them on the positives of "Second Chance hiring," or hiring an individual with a background. "They've done their time, they've learned their lessons," she said. "They just want another chance to show that they've changed." According to Naylon, employers who have hired individuals with backgrounds experience lower turnover rates, access to a broader talent pool and the possibility for financial incentives. "Felons have an insurance policy," Randall said. The Federal Bonding Program (FBP), created by the United States Department of Labor in 1966, gives fidelity bonds to employers when hiring people whose backgrounds may harm them when trying to secure employment. Industries, including hospitality, retail, construction, transportation, auto repair and manufacturing, have integrated the FBP into their hiring practices. According to the Minnesota Department of Employment and Economic Development (DEED), out of the 40,000 nationally issued bonds, only 1% have had claims filed against them. Businesses that hire people with a criminal background can also earn a tax break, Naylon said. The Work Opportunity Tax Credit (WOTC) is available to all private sector businesses as an incentive to hire individuals from groups that experience high unemployment rates, according to DEED. However, not all employers can simply begin hiring people with felony convictions, Naylon said. "Some employers, they may be willing to hire somebody that has a history," Naylon said. "However, their policies don't allow for it, and that's totally out of their control." By educating different employers, Naylon said the goal is to spread the word, encourage them to talk about their policies and enable them to begin thinking about the changes that may be beneficial to their company. "People make a mistake, and they want to do better," Naylon said. "They understand they have done their time. They don't want it to be held against them forever because they're different — they've changed."
Yahoo
08-04-2025
- Politics
- Yahoo
Push to release Sen. Nicole Mitchell arrest video gets new chance on appeal
The Minnesota Court of Appeals is asking a lower court to consider once again whether to release police video from the arrest of state Sen. Nicole Mitchell for suspected first-degree burglary last April. Conservative news website Alpha News filed a court action last year seeking the release of body and dash camera footage captured by police as they found Mitchell in her estranged stepmother's Detroit Lakes home last April. The group argued that Mitchell and her attorneys made public statements that contradicted the police account of her arrest and that there was a 'strong public interest and benefit in knowing about the truth related to criminal charges against a sitting State Senator.' Becker County Judge Gretchen Thilmony ruled that Mitchell's rights as a person accused of a crime outweighed public interest in her case and did not release arrest videos. But in a Monday ruling, a panel of three appeals court judges said the lower court needed to consider the broader public benefit that could come from releasing a video tied to a case involving an elected official. The ruling written by Appeals Court Judge Elizabeth Bentley did not take any position on whether it would be in the public interest to release the video, but now the district court must reevaluate Alpha News' request. Mitchell, a DFL senator from Woodbury, is scheduled to go to trial for a first-degree burglary charge after the 2025 regular legislative session ends in May. The trial was originally scheduled for January, but under state law, legislators can delay their trials until the conclusion of business at the state Capitol. The arrest came after police responded to a break-in call in the early morning hours of April 22, 2024, and found the senator in her stepmother's home. Mitchell said she was trying to retrieve her father's ashes and other sentimental items and that her stepmother suffers from dementia. 'Clearly I'm not good at this,' Mitchell allegedly told officers, later adding she knew 'she did something bad.' In ethics complaints, Senate Republicans have questioned contradictions between Mitchell's account of events and those outlined in the charges. Alpha News argued the contradictions warranted the release of the body camera videos. After her release from jail, Mitchell made a post on social media where she said she entered the house to check on her stepmother, who had recently been diagnosed with Alzheimer's disease. The stepmother had obtained a restraining order against Mitchell and told multiple media outlets that she fears her stepdaughter. Mitchell claimed her stepmother suffers from 'paranoia' because of her condition. 'The release of the body camera footage is essential to provide clarity about the events of April 22, 2024,' Republican Senate Minority Leader Mark Johnson said in a statement. 'The public deserves transparency and accountability, and I hope the court will stand with them in that pursuit. Legislators must be held to a higher standard, not shielded from consequences because of the office they hold.' Mitchell now faces two felony charges in connection with the break-in, where prosecutors allege the senator used a crowbar to pry open a basement window. Prosecutors filed a burglary tools charge in February, nearly 10 months after Mitchell's arrest on a first-degree burglary charge. In a statement on the appeals court decision, Mitchell's defense attorney. Bruce Ringstrom Jr. said releasing body camera footage could create a jury selection problem with the trial set to begin in just two months. 'The judge presiding over the criminal case has already ordered that video coverage of the trial is allowed,' he said in an email. 'Release of the evidence before the criminal trial jeopardizes due process.' Mitchell, a first-term senator and former broadcast meteorologist who is a lieutenant colonel in the Air National Guard, was elected in 2022 and is in the third year of her four-year term. She is scheduled to face election again until 2026. Despite calls from fellow DFLers to resign, Mitchell has said she won't leave office. Repeated efforts by minority Senate Republicans to remove her from office have failed as they would require significant levels of support from Democrats. St. Paul nonprofit pays $7.3M to turn Bandana Square hotel into emergency shelter Minnesota health department cuts 170 jobs after federal COVID grant freeze With shortfalls on horizon, Minnesota budget targets feature big cuts Will Minnesota lawmakers raise taxes this session? 2,350 Minnesotans were sterilized under state's 1925 eugenics law — most of them women
Yahoo
07-02-2025
- Politics
- Yahoo
SMSC attorney is first Native American appointed to state appellate court
Sarah Wheelock, an attorney for the Shakopee Mdewakanton Sioux Community, will become the first Native American judge to serve on the Minnesota Court of Appeals. Wheelock was appointed by Gov. Tim Walz to fill the vacancy left by Judge Carol A. Hooten as she retires. The seat is designated for a resident of the Second Congressional District, according to a press release from the office of Walz and Lt. Gov. Peggy Flanagan. 'In her time serving as legal counsel for the Shakopee Mdewakanton Sioux Community and tribes across the nation, Ms. Wheelock has repeatedly shown that she is a dedicated public servant committed to advancing the common good,' stated Walz. 'She is well prepared to join the Court of Appeals.' Flanagan stated that she was thrilled with the appointment due to Wheelock's extensive legal background. 'Sarah Wheelock is a brilliant legal mind with a deep understanding of the laws of the land,' stated Flanagan in the press release. 'Her life experience, longstanding service to her community, and her extensive legal background provide her with a unique perspective that will be invaluable in her new position. I'm thrilled by her appointment.' Casey Matthiesen, President of the Minnesota American Indian Bar Association, pointed out that Wheelock's appointment to the state appellate court was a historic moment. 'The Minnesota American Indian Bar Association celebrates the historic appointment of Sarah Wheelock to the Court of Appeals,' stated Matthiesen. 'With this appointment, American Indians now serve at every level of the state judiciary. Sarah Wheelock is an exceptional lawyer, and we are confident that she will serve in the judiciary with distinction.' 'A step in the right direction' Wheelock, who earned her B.A. and J.D. from the University of Iowa, currently serves as legal counsel for the SMSC in Prior Lake. She previously worked as an adjunct professor at Mitchell Hamline College of Law and as an appellate judge for the White Earth Band of Chippewa Court of Appeals. Her experience includes litigation in tribal, federal and state courts, as well as economic development and finance work. Wheelock is a member of the Meskwaki Nation (federally recognized as the Sac and Fox Tribe of the Mississippi in Iowa where she was born and raised). She is a member and past vice president of the Minnesota American Indian Bar Association, member of the National Native American Bar Association and member of the Federal Bar Association. She previously served as a member of the Minnesota Commission on Judicial Selection. Her community involvement includes serving as a director on the board for the Division of Indian Work, as an assistant director of Twin Cities Native Lacrosse and as the chair of the American Indian Parent Action Committee for the Prior Lake-Savage Area School District. When it comes to her appointment, Wheelock said she is excited to be able to represent her community. 'It feels incredible. I'm still processing this moment. It's been a bit of a whirlwind since the announcement came out. So many people have reached out and been incredibly supportive and positive and it's really exciting as I think it would be for anybody in their career,' said Wheelock. 'I'm just one individual, so, I can't speak for all Indigenous people, but I think it's meaningful to be the first Indigenous person on the court. With my appointment, we now have an Indigenous person serving on all three levels of the state court system. 'That is significant because the state of Minnesota has 11 tribes and we're a part of the communities here. We're a part of the fabric of the people that make up Minnesota and it's important for the courts to reflect that, to reflect the people that they serve. This is a step in that direction.' Wheelock said she hopes she can make people proud while continuing to serve the community. 'In terms of it being historic, that is exciting as well. It's still sinking in,' said Wheelock. 'All I can hope is that I will make people proud that people will know that I am grounded and that I am interested in continuing a life of service which is what I believe I've been doing with my career throughout the last 17 years I've been practicing.' Hopes, dreams and goals Wheelock said she has always been an overachiever since she was a young girl. She graduated as valedictorian of her high school and set her dreams to practicing medicine before she made the switch to law. That's when Wheelock submitted an application to the University of Iowa, the only university she applied to, and was accepted on the first try. 'I think I even applied after the deadlines had all passed because I was really wavering on what I really wanted to do and I got in,' said Wheelock. 'I only applied at Iowa and the rest is history.' After graduating from college at working with different law firms, Wheelock said Minnesota has always been her home away from home and decided she and her family would move. 'I was here (Minnesota) for five years then we went back to Iowa to raise our young children. We went back to Iowa for about eight years but we really missed it up here. Once the kids were a bit older, we intentionally made the decision to move back here,' said Wheelock. 'I'll never forget driving back for my first day of work at the Shakopee community. It felt like I was finally really coming back home. Minnesota is definitely home for us and where we want to finish raising the kids.' Wheelock and her husband, Barry, recently celebrated their 20th wedding anniversary and have two children. The family is also currently hosting a foreign exchange student this year. Wheelock said now that she is appointed as a judge on the Minnesota Court of Appeals, she has a lot of goals she would like to set for herself. 'As a judge on the Minnesota Court of Appeals, I hope to bring my skills to bear on the cases that come before the court and to be the person who continues to strive for justice and that sets an example for others,' she said. 'I'm really interested in mentoring the next generation of attorneys and judges and people who are interested in working for a better world. I hope that I can do the kind of work that really leaves a legacy, that people really feel they are heard in our court systems and really cultivating the trust of people in our courts and in particular the court of appeals. That's my dream, that's my hope and that's my goal.'
