The Unconventional Beer Run
Did you know that Minnesota law also provides that a person may not “stop, park, or leave standing any vehicle” on the highway when they can reasonably do so off the road. Minn. Stat. § 169.32(a). Most people probably think that this law is unnecessary and should be just common sense. In May 2011, the Court of Appeals released the unpublished decision State v. Gustafson, A10-871 which shows us why this law is necessary.
A police officer was pumping gas into his patrol car when he saw a car stop in the middle of the road 30-40 yards before the intersection. The driver got out of the car and walked back to the trunk. He got a can of beer from the trunk, walked back to the driver’s seat, and drove away. The officer followed the driver for a short time and then initiated a traffic stop. The officer observed that the drive reeked of alcohol, had bloodshot eyes, and had slurred speech. The driver was arrested and charged with driving while impaired and possession of an open container of alcohol.
The driver asked the court to dismiss the case claiming that the traffic stop was illegal. Generally speaking, Minnesota law provides that an officer may conduct a traffic stop if the officer has a particular and objective basis for suspecting the specific person stopped of criminal activity. This is a very low standard and a minor traffic-law violation is enough to meet this standard. The Court found that the driver violated a traffic law by stopping his car in the middle of the highway so the officer had a valid reason for the stop. The driver was convicted.
Lessons to be learned from this case: (1) don’t drink and drive; and (2) don’t stop your vehicle in the middle of the road, especially if your only reason is to get another beer from the trunk.
Jennifer L. Thon, Attorney
jennifer@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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Closing the Courtroom
Most people are aware that the U.S. and Minnesota Constitutions guarantee the right to a public trial. However, you might not know that this right is not absolute and may be trumped in certain cases. The judge has the authority to fully or partially close the courtroom and/or exclude any member.
In order to do this, the judge must follow the proper steps. First, the judge must determine that the party wanting the closure has an overriding interest that is likely to be prejudiced. Second, the judge must not exclude more people than necessary to protect that interest. Third, the judge must consider whether there are any reasonable alternatives. Finally, the judge must make findings about these factors and explain how they support the closure. If the judge fails to follow the proper steps, there’s a chance that the case may have to be retried.
Here’s an example from a Minnesota case. In a first degree assault trial, the prosecution asked the judge to exclude the defendant’s sisters from the courtroom during the testimony of one of the witnesses. The prosecution’s reason for the request was because the defendant’s sisters had allegedly made threatening phone calls to this witness. The defendant objected. The judge granted the prosecution’s request and excluded the defendant’s sisters from the courtroom for the witness’ testimony. However, the judge failed to address the required factors to support the closure. The defendant was convicted and appealed his case. Regarding this issue, the Court of Appeals instructed the district court to make the required findings on the closure. If for some reason the district court was unable to make the required findings, a retrial would be necessary to remedy the violation of the right to a public trial.
State v. McDaniel, A08-2261 (Minn. App. 2010).
Jennifer L. Thon, Attorney
jennifer@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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USDA Warns of Fraudulent Letters
USDA officials learned late Friday afternoon, March 16th, 2012, that fraudulent letters are being sent by FAX to individuals and businesses in at least four states. The letters purportedly come from a USDA procurement officer and seek personal information. These letters are false and in no case should a recipient respond with personal and financial information. The fraudulent letters bear USDA's logo and seal and are signed by an individual identified as "Frank Rutenberg" using a title of "Senior Procurement Officer". Letters have been received by FAX in Alabama, Nebraska, Pennsylvania and Wisconsin, but may have also been sent to other states. Recipients should not respond and should not supply the requested information. USDA is investigating this matter through the Office of the Inspector General.
If you suspect you have received such a letter or have questions please contact USDA at: procurement.policy@dm.usda.gov or call 202-720-9448.
Stacey R. Edwards Jones, Managing Partner
stacey@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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Community Panel Discussion on Bullying
LCWM Schools will host a Community Panel Discussion on bullying Thursday, March 22, from 6:00-7:30pm in the cafetorium of the Secondary School. The event is open to all parents, students and community members and will focus on bullying and harassment, the effect onboth the bullier and the person being bullied and the impact of social media and texting.The panel will include individuals from Mayo Health Systems, Blue Earth County Law Enforcement, Blue Earth County Probation, Attorney Ryan B. Magnus, a Human Resource Manager and School Officials.The event is free and hosted by LCWM Schools and Community Education.
Date: March 22nd 2012
Time: 6:00 pm
Location: LCWM Secondary School
Topic: Bullying
Attorney: Ryan B. Magnus
Man Facing 3 Felony Criminal Sex Counts Gets All 3 Dropped
http://www.keyc.tv/story/16651602/man-facing-3-felony-criminal-sex-counts-gets-all-dropped
Ryan B. Magnus, Partner
ryan@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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Review of Elder Law – Burial Space Items and Medical Assistance
Review of Elder Law - Burial Space Items and Medical Assistance
Burial Space Items are funded funeral policies that can be useful tools to assist in qualifying for Medical Assistance, and can also be great gifts for your loved ones.
Burial Space Items include: Cemetery spaces, Urns, Vaults, Crypts, Caskets, Headstones, Grave Opening and Closing and Perpetual Care.
Burial Space Items can be purchased for certain family members. The qualified family members include: spouses, parents, children and their spouses, siblings and their spouses, step-children and their spouses, and persons related by adoption.
Burial Space Items must be drafted in a specific way to be Medical Assistance compliant. The Burial Space Items contracts need to be paid in one lump sum. All funeral service expenses and cash advance items must be separate from your Burial Space Items contract. The person paying for the Burial Space Items is the owner and you will not be able to transfer ownership of your Burial Space Items contract to any other person.
If the recipient dies before the owner of a Burial Space Items contract; the deceased family member must use the funds for the items specified in the contract. If the owner passes before recipient, then the recipient may use the funds towards their total funeral expense. It is important to remember, as the owner, the value of your Burial Space Items can be included in your estate, having your Burial Space Items structured correctly will ensure it is not a probate asset.
Before purchasing anything it is a good idea to shop around and do research on who will be handling your Burial Space Items. Make sure they are familiar with Medical Assistance guidelines and what is required of you.
Please contact us with any questions or concerns we are more than happy to assist you in the planning of your Burial Space Items.
Stacey R. Edwards Jones, Managing Partner
stacey@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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Carryover Basis Instead of Estate Tax: Form 8939
Form 8939 has been released by the IRS. If an executor is electing carryover basis instead of estate tax under IRC § 1022 for decedents dying in 2010; this form is filed in place of an estate tax return. The instructions note that an executor may not file both a Form 706 and Form 8939 that would take effect only if an estate tax audit increases the decedent’s gross estate. This form must be filed by January 17, 2012 by the executor and the executor cannot revoke it once filed unless they file a subsequent form before the due date.
Stacey R. Edwards Jones, Managing Partner
stacey@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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Last Minute Tips for Year End Tax Preparation
Give a Gift:
Taxpayers can give up to $13,000.00 in 2011 to any number of people without having to file a gift tax return. Larger gifts are taxable, but few taxpayers ever have to pay the gift tax thanks to a credit that covers the bill on up to $5 million ($10 million per married couples) in taxable gifts.
Bond Swaps:
If you hold bonds that have decreased in value, you can lock in a tax loss by selling the bonds and reinvesting in a different bond with the same or higher cash flow. You can use the capital loss to offset any 2011 gains.
Stacey R. Edwards Jones, Managing Partner
stacey@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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Tow truck owner wins battle with Mankato
http://mankatofreepress.com/latestnews/x960871472/Tow-truck-owner-wins-battle-with-Mankato
Ryan B. Magnus, Partner
ryan@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
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Estate Tax Returns for 2010 Decedents; Deadlines:
Executors for estates of decedents who died in 2010 have untilJanuary 17, 2012 to file Form 8939, which is the carryover basis information return.
Allocations of available generation-skipping transfers on Form 8939 are also due on January 17, 2012.
March 2012 is the deadline to file Form 706 for the estate tax return.
The extension gives executors more time to consider the impact of making an I.R.C. §1022 election.
Income and gift tax returns did not receive an extension.
For more information please contact Stacey R. Edwards Jones at 507-385-4488.
Stacey R. Edwards Jones, Managing Partner
stacey@jonesmagnus.com
Jones and Magnus, Attorneys at Law
Building Lifelong Relationships through Honest Advice and Effective Solutions.
212 Madison Avenue, Suite 100 | Mankato, MN 56001
phone: 507.385.4488 | fax: 507.385.1288 | website: www.jonesmagnus.com
Follow us on Facebook, Blawg, Twitter and LinkedIn