- ACLU Supreme Court Victory
- Asylum Win
- Adoption Assistance
- Families are Grand!
- Groundbreaking Asylum Case Win!
- Saving a Family Home
- Death Penalty Representation
ACLU Supreme Court Victory
On March 11, 2010, John Lundquist and Sten Hoidal obtained a significant victory in the Minnesota Supreme Court, where they had filed an amicus petition on behalf of the ACLU. The State argued in its appeal to the Supreme Court that, under Article 1, section 4 the Minnesota Constitution, a criminal defendant could not waive his right to a jury trial (and instead have his case decided by the trial court judge) unless the State consents to the waiver. The Supreme Court rejected the State’s argument, concluding the Minnesota Constitution does not require the consent of the State for waiver of a jury trial in a criminal case.
Asylum Win
Congratulations to Lousene Hoppe and Keri McWilliams whose client, BL, was recently granted asylum after a long, difficult journey. BL came to the U.S. in June of 2008 after enduring years of beatings and jailing in her home country of Ethiopia. BL was a community leader in her area. She helped found a nonprofit organization called the Rift Valley Children and Women Development Association which worked to meet basic human needs and educate the community. Because of her work as a community organizer, the local government suspected her of being a political activist. In 1998, BL’s neighbor disappeared and BL was arrested. For five days police detained and interrogated BL about her neighbor. In 2001, government soldiers came to BL’s hometown and committed many crimes including rape, beating, looting and robbery. BL acted as a representative of the community and went to the government to report these abuses. Soon after security officers arrested BL and took her to prison where she was held and beaten for two and a half months. She was arrested again in 2005, just two weeks before the election. While in detention BL was subjected to beatings, sleep depravation and suffocation from being in a small room with many people. After the election, BL was released but was required to report to the police every week. BL reported to the police on a weekly basis until she came to the U.S. in July 2008. Once here, she contacted the Advocates for Human Rights and began the asylum process. Keri and Lousene began working with BL in July 2008, but found that there was a significant language barrier. BL spoke an uncommon dialect from the Oromo region of Ethiopia. We were fortunate that we were able to find a native speaker from one of a community economic development organization that we work with, and who speaks fluent English. With this invaluable assistance, Lousene and Keri were able to put together the facts and make application for asylum. With one unfortunate interruption in the schedule (the Immigration Court judge called in “not feeling well” the morning of the hearing), Keri and Lousene attended the immigration hearing on Thursday, November 19, where the judge granted BL asylum! BL was ecstatic as she will now be able to take English classes and get to work helping others. Fredrikson & Byron is proud of the work of Lousene and Keri on behalf of their client, and thankful to our fantastic Immigration Department for their assistance.
Adoption Assistance
Christmas came early for one client when Rachna Sullivan, Keri McWilliams, and Matt Millis received news that they prevailed in a bitterly contested adoption case. In this case we represented PS, the foster mom to an 18-month old little girl. The child was born addicted to crack and placed with PS after the birth mother’s parental rights were terminated. Our client had petitioned to adopt the child; however, the birth mother’s sister contested the adoption and filed for custody. The county social worker and the Guardian ad Litem both felt strongly that it would be in the child’s best interest to continue to live with our client. We represented PS at the trial. Rachna, Keri and Matt all came to believe very strongly that the best home for this young girl was with the foster mom, and not the biological family - a decision that the Court’s do not often make. Rachna, Keri and Matt researched and reviewed the backgrounds and family dynamics of the aunt’s family, and after a six-day trial, the judge agreed with our team and granted our client’s Petition for Adoption. Thank you also to Erika Ramirez, Maureen Young, Roxanne Gangl and Kim Raba for their invaluable assistance. Throughout this ordeal, our client has been gracious and thankful to have the dedication and commitment of the team on a case where so much was at stake for this soon-to-be mom and daughter!
Families are Grand!
David Gollin and Sarah Keane recently assisted a grandmother with a will on a referral through the GrandFamily Connection program at Lutheran Social Services. David and Sarah received the following letter of thanks:
“I wanted to thank you for your generosity in providing your services pro bono to Crystal L. There is no way she could have afforded to have a will drawn up and filed, and yet she had very compelling reasons to do so, considering her care of her granddaughter, Jacqueline. I particularly appreciate the care and thoroughness of your work as well as the kind and respectful way you and your entire staff interacted with Crystal. She is fortunate and grateful, and so am I. Thank you again and all best wishes – personally and professionally. Sincerely, Program Manager, LSS”
Groundbreaking Asylum Case Win!
Laura Myers’ asylum client was officially granted asylum this past week after more than a year of waiting to hear on her asylum petition. This is a groundbreaking case in that the client had a claim of asylum based on domestic violence – something very rare. Laura’s client had been kidnapped as a young woman and forced into “marriage” to a man from another clan. She was beaten routinely and shunned by members of both families. She escaped and made it here where she is living with family. Laura will soon begin working with her client to locate and bring over her children from Laos.
Saving a Family Home
Matt Millis and Rob Shainess recently secured a victory in a pro bono foreclosure matter. This is a case where Cindy Moyer and others are assisting our client after her husband left her and their three children destitute, and their home facing foreclosure. Matt and Rob worked on the foreclosure matter, hoping to buy the family time to get back on their feet and save their home. Two of the children have special needs and losing their home would be devastating to them. Matt and Rob filed an emergency Temporary Restraining Order (TRO) motion to stop a scheduled sheriff’s sale. Matt argued the TRO, and Judge DuFresne of Hennepin County granted the motion for the TRO in its entirety and signed the proposed Order. As a result, the lender cannot continue the foreclosure proceedings until after the trial, which likely will be in February or March 2009. Needless to say, our client is thrilled and very appreciative! Well done!
Death Penalty Representation
Together with the Capital Post-Conviction Project of Louisiana (CPCPL) and the Innocence Project at Cardoza Law School, the firm represents a 34-year old inmate on death row in Louisiana. Our client was convicted in 1997 of murdering and raping a 14-year old girl based upon his giving a demonstrably false confession to police interrogators. The post-conviction work on his behalf has centered upon DNA testing; forensic expert review of the crime scene and autopsy; the behavioral science explaining false confessions; the conduct of witness interviews proving his innocence; and extensive legal research and writing. The post-conviction defense combines a group of world-class forensic, false confession, and crime scene reconstruction experts and a dedicated legal and fact investigation and development team.
The post-conviction team, including Steve Kaplan and Richard Kyle of Fredrikson & Byron, Barry Scheck of the Innocence Project, Caroline Tillman of the CPCPL, and an expert on homicide investigations presented to the District Attorney’s office in late May 2007, a detailed summary of the overwhelming evidence supporting our client’s claim of actual innocence. Currently we are engaged in on-going conversations with the DA while that office renews its investigation.