Are Conservators “Victims?”

Yesterday, as with nearly every Monday, was the week’s opinion release day at the Minnesota Court of Appeals. The Court of Appeals issued three published opinions, two in civil cases, one in a criminal case. In State v. Christensen, the court held that a conservator cannot request restitution on behalf of a ward. David Christensen stole from his uncle, A.C., a vulnerable adult. He was charged with financial exploitation of a vulnerable adult, was found guilty at a jury trial, and … Continued

Lopez Expands Burglary to the Breaking Point

Monday mornings mean Minnesota Court of Appeals decisions. Yesterday morning the Court of Appeals released three published decisions, including two in criminal cases. Both are interesting, but the more meaningful of the two is State of Minnesota v. Lionel Lopez, A16-0947. The facts are not complex: Mr. Lopez was staying in a motel in Willmar when he walked into Z.D.’s unlocked room, took Z.D.’s cell phone and wallet while Z.D. was in the shower, and went back to his own room. Mr. … Continued