Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bedeau v. Evans

Court of Appeals of Minnesota

April 1, 2019

Elverna Marie Bedeau, Appellant,
v.
Drew Evans, as Superintendent of the Minnesota Bureau of Criminal Apprehension, Respondent.

          Ramsey County District Court File No. 62-CV-17-3615

          Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, Minnesota (for appellant)

          Keith Ellison, Attorney General, Angela Helseth Kiese, Assistant Attorney General, St. Paul, Minnesota (for respondent)

          Considered and decided by Connolly, Presiding Judge; Bjorkman, Judge; and Florey, Judge.

         SYLLABUS

         The Minnesota predatory registration statute's requirement that an offender register following a conviction of a nonpredatory offense arising from the same set of circumstances as a dismissed predatory offense charge does not implicate the separation- of-powers doctrine because a judge must determine whether probable cause supports the charged offenses and because registration is a collateral consequence of a conviction.

          OPINION

          CONNOLLY, JUDGE

         Appellant challenges the district court's grant of summary judgment in favor of respondent, arguing that the district court erred in concluding that requiring her to register as a predatory offender did not violate her substantive and procedural due-process rights and the separation-of-powers doctrine. We affirm.

         FACTS

         In April 2014, appellant Elverna Marie Bedeau went into her mother's apartment, assaulted her, would not allow her mother to leave the apartment, and physically blocked the door. Bedeau was charged with second-degree assault pursuant to Minn. Stat. § 609.222, subd. 1 (2014), false imprisonment pursuant to Minn. Stat. § 609.255, subd. 2 (2014), domestic assault pursuant to Minn. Stat. § 609.2242, subd. 1(2) (2014), and fifth-degree assault pursuant to Minn. Stat. § 609.224, subd. 1(2) (2014). Bedeau waived her right to contest whether probable cause supported the charges. The prosecutor filed an amended complaint adding a count of third-degree assault pursuant to Minn. Stat. § 609.223, subd. 1 (2014).

         Bedeau pleaded guilty to one count of third-degree assault and the other charges were dismissed. During the plea hearing, Bedeau's attorney stated, "[G]iven the false imprisonment charge and our acknowledgement of probable cause on it she is required to register as a predatory offender." During sentencing, the district court again informed Bedeau that she was required to register as a predatory offender for a period of ten years and she acknowledged that she understood the registration requirement. Bedeau also signed a Minnesota predatory-offender-court-notification form indicating she understood that it was her duty to register as a predatory offender.

         The Minnesota Bureau of Criminal Apprehension (BCA) learned of Bedeau's registration offense when she filed a change-of-registration-information form in November 2014. Bedeau first filed an initial-predatory-offender-registration form in May 2015, after the BCA sought the form. Bedeau has been in compliance since that time. Bedeau's current predatory registration end date is June 21, 2027 (or ten years from the date of her last release from incarceration).

         In June 2017, Bedeau sued respondent Drew Evans, in his official capacity as the superintendent of the BCA, alleging that requiring her to register as a predatory offender based on a dismissed charge violated her constitutional right to due process and the separation-of-powers doctrine. Bedeau requested a declaratory judgment and injunctive relief. Evans filed a motion to dismiss and for summary judgment. Following a hearing, the district court granted summary judgment to Evans and denied Bedeau's request for declaratory judgment and injunctive relief. Bedeau appeals.

         ISSUES

         I. Did the district court err in determining that Bedeau's substantive ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.