Cited by
Opinions in Minnesota that cite In Re Disciplinary Action Against Lyons, 780 N.W.2d 629.
- In re Petition for Reinstatement of Scott Selmer, a Minnesota Attorney, Registration No. 156024 Minn. 2025
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In re Petition for Reinstatement of Scott Selmer, a Minnesota Attorney, Registration No. 156024
Minn. 2025
Factual findings are clearly erroneous if, based on our review of the record, we have a “definite and firm conviction that a mistake has been made.” (citation omitted) (internal quotation marks omitted).
- In re Petition for Disciplinary Action against Joseph Kaminsky, a Minnesota Attorney, A21-1649, Supreme Court, January ... Minn. 2024
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In re Petition for Disciplinary Action against Joseph Kaminsky, a Minnesota Attorney, A21-1649, Supreme Court, January ...
Minn. 2024
Factual findings are clearly erroneous if, after viewing the record, this court is “left with the definite and firm conviction that a mistake has been made.” (citation omitted) (internal quotation marks omitted).
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In re Petition for Reinstatement of
Minn. 2021
(quoting In re Lyons , ).
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Original Jurisdiction Per Curiam
Minn. 2020
The referee’s reasoning for rejecting Kennedy’s testimony on the basis of credibility was robust, and we defer to the referee’s findings “when the referee’s findings rest on disputed testimony or in part on credibility, demeanor, and sincerity.” 14 (Minn. 2009) (holding that a referee may reject testimony).
- In re Disciplinary Action Against Sea 932 N.W.2d 28 Minn. 2019
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In re Disciplinary Action Against Sea
932 N.W.2d 28
Minn. 2019
And the genealogical record of citations begetting citations goes on: In re Overboe , , 867 (Minn. 2008) (accepting without analysis a referee's conclusion that "substantial experience" was an aggravating factor, citing Holker ); In re Lyons , , 636-37 (Minn. 2010) (accepting without analysis a referee's conclusion that "substantial experience" was an aggravating factor, citing Moeller and Oberhauser ); In re Waite , , 828 (Minn. 2010) (accepting without analysis a referee's conclusion that "sub
- In re Severson 923 N.W.2d 23 Minn. 2019
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In re Severson
923 N.W.2d 23
Minn. 2019
" In re Lyons , , 635 (Minn. 2010) (quoting Gjovik v. Strope , , 667 (Minn. 1987) ).
- In re Reinstatement of Stockman 896 N.W.2d 851 Minn. 2017
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In re Reinstatement of Stockman
896 N.W.2d 851
Minn. 2017
Factual findings are clearly erroneous if, after reviewing the record, we are “ ‘left with the definite and firm conviction that a mistake has been made.’” ().
- In re Disciplinary Action Against Bonner 896 N.W.2d 98 Minn. 2017
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In re Disciplinary Action Against Bonner
896 N.W.2d 98
Minn. 2017
This standard “requires a high probability that the facts are true.”
- In Re Petition for DISCIPLINARY ACTION AGAINST Michael John RIEHM, a Minnesota Attorney, Registration No. 0296570 883 N.W.2d 223 Minn. 2016
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In Re Petition for DISCIPLINARY ACTION AGAINST Michael John RIEHM, a Minnesota Attorney, Registration No. 0296570
883 N.W.2d 223
Minn. 2016
“A referee’s findings are clearly erroneous only if we are ‘left with the definite and firm conviction that a mistake has been made.’ ” ().
- In RE Petition for DISCIPLINARY ACTION AGAINST William Bernard BUTLER, a Minnesota Attorney, Registration No. 227912 868 N.W.2d 243 Minn. 2015
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In RE Petition for DISCIPLINARY ACTION AGAINST William Bernard BUTLER, a Minnesota Attorney, Registration No. 227912
868 N.W.2d 243
Minn. 2015
A finding is “clearly erroneous” when we are “left with the definite and firm conviction that a mistake has been made.”
- In Re Petition for DISCIPLINARY ACTION AGAINST Mpatanishi Syanaloli TAYARI-GARRETT, a Minnesota Attorney, Registration No. 342075 866 N.W.2d 513 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST Mpatanishi Syanaloli TAYARI-GARRETT, a Minnesota Attorney, Registration No. 342075
866 N.W.2d 513
Minn. 2015
We give particular deference to the referee’s findings when those findings “rest on disputed testimony or in part on credibility, demeanor, and sincerity.”
- In Re Petition for DISCIPLINARY ACTION AGAINST William L. FRENCH, a Minnesota Attorney, Registration No. 131945 864 N.W.2d 183 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST William L. FRENCH, a Minnesota Attorney, Registration No. 131945
864 N.W.2d 183
Minn. 2015
A finding is clearly erroneous if we are “ ‘left with the definite and firm conviction that a mistake has been made.’ ” ().
- In Re Petition for DISCIPLINARY ACTION AGAINST Larry S. SEVERSON, a Minnesota Attorney, Registration No. 99363 860 N.W.2d 658 Minn. 2015
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In Re Petition for DISCIPLINARY ACTION AGAINST Larry S. SEVERSON, a Minnesota Attorney, Registration No. 99363
860 N.W.2d 658
Minn. 2015
Making false statements is “misconduct of the highest order and warrants severe discipline.” see also *673 (characterizing making false and misleading statements to the Director as “serious”).
- In re Disciplinary Action Against Jones 834 N.W.2d 671 Minn. 2013
- In re Disciplinary Action Against Hawkins 834 N.W.2d 663 Minn. 2013
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In re Disciplinary Action Against Hawkins
834 N.W.2d 663
Minn. 2013
Making false statements is “misconduct of the highest order and warrants severe discipline.”
- In re Disciplinary Action Against Jones 834 N.W.2d 671 Minn. 2013
- In re Disciplinary Action Against Voss 830 N.W.2d 867 Minn. 2013
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In re Disciplinary Action Against Voss
830 N.W.2d 867
Minn. 2013
We defer to the referee’s findings when they “rest on disputed testimony or in part on credibility, demeanor, and sincerity.”
- In re Disciplinary Action Against Murrin 821 N.W.2d 195 Minn. 2012
- In re Disciplinary Action Against Murrin 821 N.W.2d 195 Minn. 2012
- In re Reinstatement of Lyons 808 N.W.2d 585 Minn. 2011
- In re Reinstatement of Lyons 808 N.W.2d 585 Minn. 2011
- In re Disciplinary Action Against Ulanowski 800 N.W.2d 785 Minn. 2011
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In re Disciplinary Action Against Ulanowski
800 N.W.2d 785
Minn. 2011
A finding is “clearly erroneous” if we are “left with the definite and firm conviction that a mistake has been made.”
- In re Disciplinary Action Against Coleman 793 N.W.2d 296 Minn. 2011
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In re Disciplinary Action Against Coleman
793 N.W.2d 296
Minn. 2011
A referee’s findings are “clearly erroneous” when we are “left with the definite and firm conviction that a mistake has been made.” ().
- In re Disciplinary Action Against Fett 790 N.W.2d 840 Minn. 2010
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In re Disciplinary Action Against Fett
790 N.W.2d 840
Minn. 2010
(“[Substantial experience as a lawyer may constitute an aggravating factor.”); -37 (Minn.2010).
- In Re Disciplinary Action Against Waite 782 N.W.2d 820 Minn. 2010
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In Re Disciplinary Action Against Waite
782 N.W.2d 820
Minn. 2010
To conclude that a referee’s findings are “clearly erroneous,” we must be “left with the definite and firm conviction that a mistake has been made.”