Cited by
Opinions in Minnesota that cite Rew ex rel. T.C.B. v. Bergstrom, 845 N.W.2d 764.
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In re the Matter of: Madeline Jane McGill v. Elton James Curtis
Minn. Ct. App. 2021
6a(b); (“Minn. Stat. § 518B.01, subd.
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Lindsey Middlecamp v. Brock William Fredin
Minn. Ct. App. 2021
in which the supreme court rejected numerous constitutional challenges to the issuance of a 50-year HRO.
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In re the Marriage of: Oliver Wilfred Cass v. YeYing Cen
Minn. Ct. App. 2021
2 The United States and Minnesota Constituti ons “provide that no person shall be deprived of life, liberty, or property without due process of law.” (citing U.S. Const. amend.
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State of Minnesota v. Terry Allen Stewart
Minn. Ct. App. 2021
In a procedural-due-process challenge, we first determine whether the government deprived a person of a protectable liberty interest, and, if so, we “determine whether the procedures followed by the government were constitutionally sufficient.” Rew v. Bergstrom , (quotation omitted).
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Michael D. Perseke v. Jodi Harpstead, et al., Paul Schnell
Minn. Ct. App. 2020
U.S. Const. art. I, § 10; Minn. Const. art. I, § 11; Weaver v. Graham, 450 U.S. 24, 28, 101 S. Ct. 960, 964 (1981)
- Megan Guetzkow, as mother and natural guardian of E.I., a minor, et al v. Brian John Irgens Minn. Ct. App. 2020
- Minn. 2020
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In re the Marriage of: Michael Dennis Dewar v. Luanna Sue Gary
Minn. Ct. App. 2020
d 764, 785 (Minn. 2014).
- State of Minnesota v. Michael Anthony Casillas Minn. Ct. App. 2019
- In Re: The Matter of the Petition for Project No. 77, Clay County Ditch No. 51-Lateral No. 3, … Minn. Ct. App. 2019
- In re the Estate of Prince Rogers Nelson, Deceased Minn. Ct. App. 2019
- In Re the Custody of: N.S.V., L.J.V., E.T.V., Terri Ann Bischoff v. Linda J. Vetter Minn. Ct. App. 2019
- Friends to Restore St. Mary's, LLC v. Church of Saint Mary, Melrose, et al Minn. Ct. App. 2019
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Grace Elizabeth Miller v. Brock Fredin
Minn. Ct. App. 2019
“To qualify as an ex post facto law, a statute must be a criminal or penal law, it must not be merely procedural, it must apply to events occurring before its enactment, and it must disadvantage the offender affected by it.” Rew v. Bergstrom , (quotations omitted).
- David Rucki, et al v. Deirdre Elise Evavold Minn. Ct. App. 2019
- Matter of Welfare of A. J. B. 929 N.W.2d 840 Minn. 2019
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Matter of Welfare of A. J. B.
929 N.W.2d 840
Minn. 2019
See, e.g. , Rew v. Bergstrom , , 776-80 (Minn. 2014) (upholding Minnesota's order for protection statute, Minn. Stat. § 518B.01, subd.
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In the Matter of: Myrna Wati Ali v. Yusuf Haji-Ismail Ali
Minn. Ct. App. 2019
“District courts have broad discretion to admit or exclude evidence on a number of grounds, including relevance.” Rew v. Bergstrom
- In re the Marriage of: Beth Ann Bersaw v. Richard George Bersaw Minn. Ct. App. 2019
- Olson v. One 1999 Lexus Mn License Plate No. 851ldv Vin: Jt6hf10u6x0079461 924 N.W.2d 594 Minn. 2019
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Olson v. One 1999 Lexus Mn License Plate No. 851ldv Vin: Jt6hf10u6x0079461
924 N.W.2d 594
Minn. 2019
See, e.g. , Gams , d at 619 (naming Mathews as the balancing test used to assess a procedural due process claim); Rew v. Bergstrom , , 785-86 (Minn. 2014) (applying Mathews in a procedural due process challenge); Sawh , , 632 (Minn. 2012) (noting that Mathews sets forth the test for the "constitutional adequacy of specific procedures"); State v. Wiltgen , , 568 (Minn. 2007) ("Since 1982 ...
- In re Decision to Deny the Petitions for a Contested Case Hearing 924 N.W.2d 638 Minn. Ct. App. 2019
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In re Decision to Deny the Petitions for a Contested Case Hearing
924 N.W.2d 638
Minn. Ct. App. 2019
Rew v. Bergstrom , , 785 (Minn. 2014).
- In the Matter of the Welfare of the Children of: H. R. W. and M. D. L., Parents Minn. Ct. App. 2018
- Fielding v. Comm'r of Revenue 916 N.W.2d 323 Minn. 2018
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Fielding v. Comm'r of Revenue
916 N.W.2d 323
Minn. 2018
Citing Rew v. Bergstrom , , 780 (Minn. 2014), the Commissioner asserts that in an as-applied challenge based on the Due Process Clause, we must examine all facts and circumstances underlying the Commissioner's action, including the "practical operation of the tax residency statute" in this case and the multiple contacts between Minnesota and t
- In re A.J.B. 910 N.W.2d 491 Minn. Ct. App. 2018
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In re A.J.B.
910 N.W.2d 491
Minn. Ct. App. 2018
Hall , d at 856 (citing Rew v. Bergstrom , , 780 (Minn. 2014) ).
- State v. Hensel 901 N.W.2d 166 Minn. 2017
- Linert v. MacDonald 901 N.W.2d 664 Minn. Ct. App. 2017
- Linert v. MacDonald 901 N.W.2d 664 Minn. Ct. App. 2017
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In the Matter of: Marissa Jean Newton-Denila, on behalf of minor children v. Ejiro Elqanah Newton-Denila
Minn. Ct. App. 2017
-06 (Minn. App. 1986) (holding that evidence of domestic abuse that occurred about two years earlier is too remote to support the grant of an OFP).
- City of Golden Valley v. Wiebesick 899 N.W.2d 152 Minn. 2017
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City of Golden Valley v. Wiebesick
899 N.W.2d 152
Minn. 2017
rp or radical departure from its previous decisions or approach to the law and when we discern no persuasive reason to follow such a departure”; (2) the United States Supreme Court has “retrenched on Bill of Rights issues”; or (3) federal precedent “does not adequately protect our citizens’ basic rights and liberties.” () (internal quotation marks omitted).
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State of Minnesota v. William Alphonso Warr
Minn. Ct. App. 2017
V (providing Double Jeopardy Clause); (noting that the Double Jeopardy Clause protects an individual from multiple punishme nts for the same crime and from a second prosecution after acquittal or conviction).
- Paula Polinsky v. Charles M. Bolton Minn. Ct. App. 2017
- In re the Matter of: Amanda Jean Vail v. Ryan Joseph Vail Minn. Ct. App. 2017
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Dennis D. Linehan v. Emily Johnson Piper, Commissioner of Department of Human Services
Minn. Ct. App. 2017
“The constitutionality of a statute is a question of law.”
- In re Olson ex rel. A.C.O. v. Olson 892 N.W.2d 837 Minn. Ct. App. 2017
- In re Olson ex rel. A.C.O. v. Olson 892 N.W.2d 837 Minn. Ct. App. 2017
- In re the Matter of: Angel A. Fernandez v. Cindy Marbella Anariba Minn. Ct. App. 2017
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In re the Matter of: Angel A. Fernandez v. Cindy Marbella Anariba
Minn. Ct. App. 2017
Minnesota courts conduct “a two-step analysis to determine whether the government has violated an individual’s procedural due process rights.”
- State of Minnesota by its Minnesota Pollution Control Agency v. Diane C. Anderson, et al Minn. Ct. App. 2017
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State of Minnesota by its Minnesota Pollution Control Agency v. Diane C. Anderson, et al
Minn. Ct. App. 2017
See, –88 (Minn. 2014) (holding there was no procedural due process violation when the district court declined to hear testimonial evidence).
- State of Minnesota v. Final Exit Network, Inc. 889 N.W.2d 296 Minn. Ct. App. 2016
- State of Minnesota v. Final Exit Network, Inc. 889 N.W.2d 296 Minn. Ct. App. 2016
- State of Minnesota v. Donald Joseph Hall, Jr. 887 N.W.2d 847 Minn. Ct. App. 2016
- Marcus Allen Brown v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Donald Joseph Hall, Jr. 887 N.W.2d 847 Minn. Ct. App. 2016
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Marcus Allen Brown v. State of Minnesota
Minn. Ct. App. 2016
see also Marks v. U.S., 430 U.S. 188, 191–92, 97 S. Ct. 990, 992–93 (1977) (clarifying that the rights protected by these clauses are protected against judicial action by the Due Process Clause of the Fifth Amendment).