281, 282 (1938); Berkey v. Judd. The trespass statute at issue was a strict liability statute. We agree with the dissenting judge here that a protester's right to state motives must be guaranteed in all cases, unlimited by judicial opinion that an abortion protest is more or less acceptable than other protests. at 215. Although it is not pretty, at least it proves that Americans feel strongly on both sides of the issue. v. 145.412, subd. The court held that Hoyt did not know that the patient's guardians had acquiesced in the nursing home's letter refusing Hoyt permission to visit the patient. The trial court ruled that the state had the burden of disproving "claim of right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically such "as to the destruction [nuclear war] can present." There has been no trial, so there are no facts before us. 629.38 (1990); State v. Tapia, 468 N.W.2d 342, 344 (Minn.App. You already receive all suggested Justia Opinion Summary Newsletters. However, the offer of proof did not address the essential first question of whether they were actually engaged in making or attempting private arrests. They have provided you with a data set called. at 891-92. 2831, 2840, 49 L.Ed.2d 788 (1976). 1. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and, charged with trespassing. See Sigma Reproductive Health Center v. State, 297 Md. In a criminal trespass case, similarly, the state may not shift to the accused the burden of proving claim of right because to do so would contravene the principle that the state must prove every element of the offense beyond a reasonable doubt. denied, 459 U.S. 1147, 103 S.Ct. The state presented evidence regarding the Minnesota Bureau of Criminal Apprehension's investigation of the shooting, as well as forensic evidence collected at the at 82. them claiming they have a "claim of right" which precluded the state from proving the trespass charges. That is the state's protection. Since the nuisance claim not based on 7 C.F.R. Consulting other authorities to determine what the state must prove in a criminal trespass case is not helpful because in most reported cases burdens of proof are not directly in issue. This court posed the dispositive issue in Hoyt as whether defendant believed she had a license to enter the nursing home and whether there were reasonable grounds for her belief. 1982), the court held on motion for rehearing that proof of license or privilege is not an affirmative defense but evidence disproving an unlawful entry. The third major issue raised by the parties relates to the propriety of excluding defendants' own testimony about their intent and motives. Brechon, 352 N.W.2d at 750. at 891-92. 988, holding under a different statute that where the original entry was with the consent of the owner, subsequent refusal to leave does not relate back to make such entry a trespass ab initio . As a result of complaints about the patient's care made by Hoyt to nursing home personnel and outside agencies, she was forbidden by the nursing home administration to visit the patient. No evidence indicates appellants made a citizen's arrest or at any time attempted to do so. MINN. STAT. Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012). From A.2d, Reporter Series 406 A.2d 1291 - GAETANO v. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. The evidence showed that defendant entered by . State v. Brechon, 352 N.W.2d 745, 751 (Minn. 1984); see also In re Oliver, 333 U.S. 257, 273, 68 S.Ct. Having attempted to scrutinize the court's evidentiary decisions carefully, we are convinced the trial court fully preserved appellants' constitutional right to a fair trial. Write a detailed business plan for a car spare parts business, Appellate Brief Scenario: Your client, Ms. Kimberly Hall, stands convicted under your state law for charges involving theft, trafficking in stolen property, fraud, and alteration of vehicle. In re Oliver, 333 U.S. 257, 273, 68 S.Ct. The parties frame the issue as whether the state has the burden to prove the defendants did not have a claim of right to be on Honeywell property or whether defendants have the initial burden of going forward to present a prima facie case of claim of right. 2. Heard, considered and decided by the court en banc. The parties frame the issue as whether the state has the burden to prove the defendants did not have a claim of right to be on Honeywell property or whether defendants have the initial burden of going forward to present a prima facie case of claim of right. Under Minnesota law, a person is guilty of misdemeanor trespass if the person intentionally. at 649, 79 S.E. [11] The other cases cited by defendant are similarly distinguishable on the facts or unpersuasive: Pennsylvania R. Co. v. Fucello, 91 N.J.L. 3. CA2006-01-007, 2007-Ohio-2298. Defendants in this case recognize that reasonable limitations based on cumulative or repetitive evidence may be permissible. [2] In State v. Hunt, 630 S.W.2d 211 (Mo.Ct.App. innocence"). The trial court may not require defendants to make a pretrial offer of proof on the claim of right issue. Defendants have denied any intention to raise a necessity defense. 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The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. This is often the case. You're all set! 682 (1948). The trial court did not rule on the necessity defense. State v. Brechon . Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. It makes no difference that good motive is not a defense, that favorable instructions may not be given or that an explanation may be unavailing, these defendants must be given the opportunity to testify fully and freely on the issue of criminal intent and the motive underlying that intent. We offer you a free title page tailored according to the specifics of your particular style. We reverse. Appellants had access to the state legislature, courts, and law enforcement organizations. at 762-63 (emphasis added). The court held that Hoyt did not know that the patient's guardians had acquiesced in the nursing home's letter refusing Hoyt permission to visit the patient. claim not based on 7 C.F.R. Heard, considered and decided by the court en banc. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. The trial court did not rule on the necessity defense. 660, 688-89, 467 A.2d 483, 497 (1983) (necessity defense not available to protesters where there were legal alternatives); United States v. Cullen, 454 F.2d 386, 392 (7th Cir. We therefore disapprove of so broad an exclusionary order as employed in this case against a criminal defendant because it raises serious constitutional questions relating to a defendant's right to testify. 2d 508 (1975). Johnson v. Paynesville Farmers Union Co-op Oil Comp. Id. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. State v. Brechon, 352 N.W.2d 745, 747-48 (Minn. 1984). Minn.Stat. The strength of our democratic society lies in our adherence to constitutional guarantees of the rights of the people, including the right to a fair trial and the right to give testimony in one's own behalf. at 82. They notified the appropriate authorities and had their. The court found the arrest valid on alternative grounds that Quinnell was a trespasser from the moment he entered the premises or that, even if his original entry was pursuant to an implied license, the lawful possessor had demanded that he leave. . Subscribers are able to see the revised versions of legislation with amendments. State v. Hoyt, 304 N.W. We approved this language in State v. Hoyt, 304 N.W.2d at 891. 1. We use security encryption to keep your personal data protected. California Penal Code Section:189 provides, in pertinent part . State v. Harris, 590 N.W.2d 90, 98 . The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. Minn.Stat. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. 761 (1913); People v. Tuchinsky, 100 Misc.2d 521, 419 N.Y.S.2d *750 843 (N.Y.Dist.Ct.1979); State v. Cobb, 262 N.C. 262, 136 S.E.2d 674 (1964); State v. Batten, 20 Wash. App. Id. Get State v. Doub, 95 P.3d 116 (2004), Kansas Court of Appeals, case facts, key issues, and holdings and reasonings online today. "The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt." State v. Crockett, 12th Dist. Such testimony of an individual defendant's own state of mind, of her or his motive, belief or intention in doing the act charged as criminal, is relevant, admissible evidence. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. Did the trial court erroneously restrict appellants' testimony concerning their motivations? They need not, therefore, meet the Seward requirements to present claim of right evidence. [1] Defendants must assert defenses, other than that of not guilty, and make disclosures to the prosecution as required by the discovery rules. I agree that the order of the appellate panel requiring defendants to present a prima facie case in their defense and excluding evidence of defendants' intent must be reversed. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. See generally, 1 Wharton's Criminal Law 39 (C. Torcia 14th ed. After you have located those four cases and two statues, please provide one case brief for each case, for a total of four case briefs. 450, 509 P.2d 1095 (1973)), cert. Brechon was not a classic common law trespass case where a poacher hunts the king's land or a stranger cuts through the farmer's hay field. As a result of complaints about the patient's care made by Hoyt to nursing home personnel and outside agencies, she was forbidden by the nursing home administration to visit the patient. My review of the transcript shows the trial court interrupted appellants several times sua sponte to cut off testimony on intent, motive and belief, and repeatedly sustained prosecutorial objections on the grounds of irrelevancy when appellants would move into the area of intent. Minnesota Rules of Evidence, Rules 401, 402; Henslin v. Wingen, 203 Minn. 166, 170, 280 N.W. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. 581, 452 N.E.2d 188 (1983) (defendants argued the harm caused by their trespass was outweighed by the harm they acted to prevent). Appellants had at least a color of claim of right. The existence of criminal intent is a question of fact that must be submitted to a jury. Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. 682 (1948). State v. Wilson, 12th Dist. for rev. We therefore reverse the appellate panel's order requiring defendants to present a prima facie case on their defense3 and excluding evidence of defendants' intent. 240, 255, 96 L.Ed. With full knowledge of the clear political/protest nature of the acts of the Brechon trespassers, the Minnesota Supreme Court went out of its way in a carefully crafted opinion to protect the rights of those trespassers/protesters to tell a criminal jury what they were doing, why they were doing it, and why they felt they had a right to do it. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. The Brechon court considered the issue in depth and concluded: Brechon, 352 N.W.2d at 750 (emphasis added) (footnote omitted). Also, please provide an explanation for each statute, for a total of approximately one page. 277 Minn. at 70-71, 151 N.W.2d at 604. The Schoon court determined as a matter of law that the necessity defense is unavailable regarding acts of indirect civil disobedience. The court also excluded the testimony of a physician who would have testified regarding different stages of fetal development and that abortion kills a human being. Contrary to Brechon, here the trial court decided for itself the issue of claim of right, kept appellants' offered evidence from the jury, and refused appellants' requested jury instruction on a claim of right. Courts do not determine whether anti-war protests are more "politically correct" than abortion protests. The state argues, relying primarily on State v. Paige, 256 N.W.2d 298 (Minn. 1977), that "claim of right" is merely an exception to the statute that recognizes that certain conduct is not prohibited. See generally 1 Wharton's Criminal Law 43, at 214. The case was tried to a jury in April 2019. The court held that Hoyt did not know that the patient's guardians had acquiesced in the nursing home's letter refusing Hoyt permission to visit the patient. Minn.Stat. Whether the court erred in the denial of injunctive relief. State v. Brechon. See Hayes v. State, 13 Ga.App. Subscribers can access the reported version of this case. I agree that the order of the appellate panel requiring defendants to present a prima facie case in their defense and excluding evidence of defendants' intent must be reversed. Citations are also linked in the body of the Featured Case. Whether the court erred in the denial of the motion to amend. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. 499, 507, 92 L.Ed. Id. 1(4) (1988) states in pertinent part: This statute has been held constitutional. 499, 92 L.Ed. JIG 7.06 (1990). Nor have there been any offers of evidence which have been rejected by the trial court. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. Finally, appellants argue the trial court unduly restricted their right to testify as to their motivation. The state has anticipated what the defenses will be and seeks to limit these perceived defenses. Click the citation to see the full text of the cited case. Heard, considered and decided by the court en banc. Subscribers are able to see any amendments made to the case. Minneapolis City Atty., Minneapolis, for respondent. 629.37 provides: A private person may arrest another: Appellants' interpretation of the citizen's arrest right is expansive. 647, 79 S.E. The trial started with a questionable decision by the state to move in limine to keep from the jury any and all evidence the defendants might want to offer to establish the defense of necessity or justification, and to exclude any evidence offered by defendants as to their motive and intent as it would relate to a claim of right. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. 2. Cleveland v. Municipality of Anchorage, 631 P.2d 1073, 1078-80 (Alaska 1981) (necessity defense rejected because harm could be protested through noncriminal means, and defendant's actions were not designed to prevent the perceived harm). The third major issue raised by the parties relates to the propriety of excluding defendants' own testimony about their intent and motives. Thus, I dissent and would remand for a new trial. Warren No. MINN. STAT. See also Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. Private arrest powers likely cannot supersede public law enforcement activity absent extraordinary circumstances. 1. See In re Oliver, 333 U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed. City Atty., Virginia D. Palmer, Deputy City Atty., Criminal Div., St. Paul, for respondent. MINN. STAT. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. We therefore disapprove of so broad an exclusionary order as employed in this case against a criminal defendant because it raises serious constitutional questions relating to a defendant's right to testify. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. Subscribers are able to see a list of all the documents that have cited the case. We perceive several possible ways of handling the claim of right issue in a criminal trespass case: (1) as an element of the state's case requiring an acquittal if the state has not proven that the defendant did not have a right to be on the premises; (2) as an ordinary defense, requiring the defendant to present evidence, with the burden of persuasion on the prosecution to disprove the defense beyond a reasonable doubt; or (3) as an affirmative defense, requiring the defendant to go forward with evidence raising the defense and shoulder the persuasion burden of establishing such defense by a preponderance of the evidence. They have agreed to "ground rules * * * for an orderly and smooth trial, including a collective waiver of certain rights and limitations on both the number of defendants offering testimony and the time anticipated for such testimony." I find the trial court improperly limited appellants' offered testimony on the issue of claim of right. 4 (1988). 1881, 44 L.Ed.2d 508 (1975). Advanced A.I. 499, 507, 92 L.Ed. The trial court did not err either in excluding evidence meant to establish a necessity defense or in refusing to instruct the jury concerning this defense. Claim of right is a concept historically central to defining the crime of trespass. Id. Appellants offered to prove that abortions are being performed at Planned Parenthood in violation of these statutes. 288 (1952). Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. The trial court ruled that the state had the burden of disproving "claim of right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically such "as to the destruction [nuclear war] can present." It is my view, however, as it was the view of Judge Lommen, the dissenting appellate panel judge, that the ruling of the trial court, insofar as it is a pre-trial ruling which restricts defendants' own testimony as to motive and intent, must also be reversed. Third, the court must decide whether defendants can be precluded from testifying about their intent. As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim of right." 205.202(b), but that the court abused. This specific prosecutorial tactic was criticized in Minnesota's leading case on political trespass, State v. Brechon, 352 N.W.2d 745 (Minn. 1984). There was no evidence presented at the initial trial. "Claim of right" in a criminal trespass case under Minn.Stat. What do you make of the "immigrant paradox"? Construed as an exception, defendant had the burden of establishing a prima facie case for a permit with the state then having to prove the contrary beyond a reasonable doubt. Neither does defendant's reliance on State v. Brechon. See United States ex rel. I agree that under Brechon, a trial court retains the right to sustain objections to otherwise admissible evidence if it becomes cumulative or repetitious. 609.221- 609.265 (1990). Click on the case name to see the full text of the citing case. 2. 2. Get a list of references to go with your ordered paper. STATE of Minnesota, Respondent, ANN. If the jury instructions undercut the claim of right defense, the prosecution would be entitled to bring that out in closing argument. State v. Hoyt, 304 N.W. at 891-92. 561.09 (West 2017). John BRECHON and Scott Carpenter, et al., petitioners, Appellants. Third, the court must decide whether defendants can be precluded from testifying about their intent. Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). Four more people were arrested later for obstructing legal process when they stood in front of the rear entrance of the building while police escorted a Planned Parenthood physician into the building. The court cited State v.Hubbard, 351 Mo. The trial court may not require defendants to make a pretrial offer of proof on the claim of right issue. Course Hero is not sponsored or endorsed by any college or university. The existence of criminal intent is a question of fact which must be submitted to a jury. Prior to trial the state moved to prevent defendants from presenting, evidence pertaining to necessity or justification defenses unless certain conditions were met. The record shows that the protesters attempted to give a police lieutenant several papers including a reproduction of the private arrest statute. The only difference is Brechon involved defendants who were anti-war and this case involves defendants who are anti-abortion. You can explore additional available newsletters here. The court held that Hoyt did not know that the patient's guardians had acquiesced in the nursing home's letter refusing Hoyt permission to visit the patient. at 828 (contrasting direct civil disobedience, where the law being broken is the object of the protest). We are not required to comb ancient precedent to divine the analytical bent of a judicial tribunal centuries dead. Most of the cards, is the phenomenon of reverting to some of the activities and preoccupations of earlier developmental stages. 561.09 (West 2017). 205.202(b) was viable, the denial of the injunction was an err. The defense of necessity was not available to these appellants. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. See United States ex rel. 1989) (emphasis added). at 886 n. 2. The court refused this motion and elected to decide admissibility of evidence as the trial progressed. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. Thus, Hoyt had presented a prima facie case of claim of right; that is, a reasonable belief that she had license or permission to visit. against them claiming they have a "claim of right" which precluded the state from proving the trespass charges. 1976); see also Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 66-67, 96 S.Ct. Quimbee has over 36,300 case briefs (and counting) keyed to 984 casebooks https://www.quimbee.com/case-briefs-. concluding that the defendant protestors were not able to use the necessity defense because they had access to the other alternatives such as the state legislature, courts, advocacy, etc. The state should try criminal cases to the jury, not in chambers. Defendant may succeed by raising a reasonable doubt of his presence at the scene of the crime. 256 N.W.2d at 303-04. This court posed the dispositive issue in Hoyt as whether defendant believed she had a license to enter the nursing home and whether there were reasonable grounds for her belief. Id. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. Consulting other authorities to determine what the state must prove in a criminal trespass case is not helpful because in most reported cases burdens of proof are not directly in issue. The use of a motion in limine against a defendant in a criminal case, particularly one as broad in scope as in this case, is questionable considering the constitutional rights of defendants. That reason is the right, for better or for worse, to tell the jury your story, your full story, through your own eyes. Evidence pertaining to necessity or justification defenses unless certain conditions were met Minn. 166,,... Did the trial court 2 ] in state v. Hoyt, 304 N.W.2d 884 ( )... Require defendants to make a pretrial offer of proof on the necessity defense Scott. ) ; state v. Hoyt, 304 N.W.2d 884 ( Minn.1981 ) but... ( b ), but that the protesters attempted to do so can not supersede law. Appealed and the defendants sought review of the state appealed and the defendants sought review of the crime be. Locate the following three Minnesota cases, as well as a fourth Minnesota case the! Sought to visit a brain-damaged patient at a nursing home Brechon, 352 N.W.2d,., St. Paul, for a new trial there was no evidence presented at the scene of the issue performed. Fourth Minnesota case on the matter perceived defenses been no trial, so there are no facts before us is... Sponsored or endorsed by any college or university 92 L. ed 1095 ( 1973 ),... Which must be submitted to a jury can access the reported version of this case recognize that limitations... Defendants sought review of the Featured case, 630 S.W.2d 211 ( Mo.Ct.App Vincent found defendants who are anti-abortion moved. Do so she state v brechon case brief you to locate the following three Minnesota cases, as as. Recognize that reasonable limitations based on cumulative or repetitive evidence may be permissible specifics of your particular style you! ' testimony concerning their motivations record shows that the court refused this and. Prevent defendants from presenting, evidence pertaining to necessity or justification defenses unless certain were! Of reverting to some of the order limiting their testimony to general beliefs remand for total. Any offers of evidence which have been rejected by the trial court did decide. For each statute, for appellants thereafter entered the nursing home the criminal intent which the! V. Hoyt, 304 N.W.2d 884 ( Minn.1981 ), defendant Hoyt to... Evidence may be permissible text of the offense v. Wingen, 203 Minn. 166 170... Relates to the case have a `` claim of right evidence disobedience, the! Also Planned Parenthood of central Missouri v. Danforth, 428 U.S. 52, 66-67, 96 S.Ct Palmer! Testimony concerning their motivations Wharton 's criminal law 43, at 214 go with your ordered paper, but the! Hoyt, 304 N.W.2d at 891 the only difference is Brechon involved defendants who anti-abortion... Although it is not pretty, at least it proves that Americans feel strongly on both of... Injunctive relief Farmers at the scene of the Featured case issue raised by the parties relates to the of! Which must be submitted to a jury in April 2019 document through the topics and citations Vincent found a lieutenant... A criminal trespass case under Minn.Stat a defense but an essential element of the order limiting their testimony to beliefs. That reasonable limitations based on cumulative or repetitive evidence may be permissible instructions undercut the claim of right a! To defining the crime, 273, 68 S.Ct state from proving trespass. In pertinent part: this statute has been held constitutional a citizen 's arrest or at any attempted!, meet the Seward requirements to present claim of right evidence to your through! The propriety of excluding defendants ' own testimony about their intent C. Rothenberg Minneapolis., 151 N.W.2d at 604 in the body of the injunction was err. Succeed by raising a reasonable doubt of his presence at the initial trial 281, 282 ( 1938 ) state... '' than abortion protests Palmer, Deputy City Atty., Michael T. Norton, Asst testimony about their intent,! Abortion protests decided by the court en banc the reported version of this recognize! Refused to leave, she was arrested for trespass defenses will be and seeks to limit these perceived.! Not decide whether claim of right defense, the court erred in the of... Lieutenant several papers including a reproduction of the motion to amend Section:189 provides, in pertinent:. Denial of the order limiting their testimony to general beliefs generally 1 Wharton 's criminal law 43, 214. City Atty., Michael T. Norton, Asst ; state v. Hunt 630! The Schoon court determined as a fourth Minnesota case on the matter 257,,. Your personal data protected through the topics and citations Vincent found to give a lieutenant... Both sides of the protest ) corporate headquarters in Minneapolis and, charged with trespassing U.S. 52, 66-67 96. 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Evidence indicates appellants made a citizen 's arrest or at any time attempted to give a police lieutenant several including!, is the gravamen of the injunction was an err U.S. 257 273. Suggested Justia Opinion Summary Newsletters succeed by raising a reasonable doubt of his presence at the trial. Defendant 's reliance on state v. Hunt, 630 S.W.2d 211 (.! There been any offers of evidence which have been rejected by the court en banc of this case defendants. Anticipated what the defenses will be and seeks to limit these perceived defenses are the cases that are in... Defendants who were anti-war and this case involves defendants who were anti-war and this case that. Claim not based on cumulative or repetitive evidence may be permissible ; Henslin v. Wingen, 203 166... Union Co-op Oil Comp., 817 N.W.2d 693 ( 2012 ) by a... Alfton, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants to locate the following three cases... 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