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Joseph A. Gangi

Newsworthy Category

Expungement: Eligibility if Convicted of a Felony

We recently highlighted the process of  criminal expungement. As noted in that article, not all crimes are eligible for expungement.  A felony-level conviction is eligible only if it is listed in the expungement statute itself.  But most petty misdemeanors, misdemeanors, and gross misdemeanors qualify for expungement after a period of time. So what happens if you are convicted of a felony-level crime that is not listed in the expungement statute but, because of a favorable sentence like a stay of imposition, the conviction is deemed a misdemeanor or gross misdemeanor after successful completion of probation?  Are you eligible for expungement...
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Fighting for Your Rights

In 2014, Minnesota joined several states to offer compensation to persons who served time in prison for a crime they did not commit.  Wrongful convictions have been on the rise lately, thanks in large part to state “innocence projects” and have gained particular attention with the Netflix series, “Making a Murderer.” Attorneys Joseph Gangi and Daniel Bellig currently have an appeal pending before the Minnesota Court of Appeals, challenging application of the new compensation statute.  A judge denied an award of compensation to a person who was declared innocent by the Minnesota Supreme Court.  As written, the compensation statute requires...
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Death of U.S. Supreme Court Justice Antonin Scalia

With the death of Justice Antonin Scalia, there has been quite a lot of debate regarding President Obama’s intentions to nominate a replacement.  Can he do this in the last year of his Presidency?  The simple answer is found in the very text of the U.S. Constitution, Article II, Section 2, which states that the President shall nominate and appoint judges to the Supreme Court, by and with the advice and consent of the Senate.  There is nothing in the text of the Constitution that limits a President’s nomination power to the first three years of the Presidency, or any...
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Expungement: Sealing Criminal Records

Criminal expungement is the process of going to court and asking a judge to seal court criminal records. People ask for an expungement when they have been denied a job, housing, or professional license because of their criminal background. Minnesota Statutes § 609A.02 lists specific situations when a court has the authority to seal government-held records. This list includes: Some first time drug possession offenses; Offences committed by juveniles who are prosecuted in adult criminal court; Cases that were resolved in your favor where you were found not guilty or where the case was dismissed; Petty misdemeanors, misdemeanors, and some...
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Nibbe Family Statement

The following is the complete statement made by Leslie Johnson, sister of James Nibbe, made after a settlement was reached in the wrongful death lawsuit pursued by the heirs and next of kin of James Nibbe: We are very grateful for the verdict and judgment issued against James Nibbe’s killer.  The jury members listened carefully to the evidence and obviously put a lot of thought and deliberation into a fair and just award of damages.  We appreciate the jury and their hard work in what we recognize is a difficult decision.  Although no amount of money will ever bring James...
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Settlement Reached in Wrongful Death Lawsuit

A confidential settlement agreement was reached Thursday between the heirs and next of kin of James Nibbe and Jenifer Nibbe .  The settlement was for the punitive portion of a wrongful death case that was filed against Jennifer Nibbe by James Nibbe’s family.  During the first portion of the trial, a jury found that Jennifer Nibbe had caused the wrongful death of 26-year-old James Nibbe and should pay his family $220,000 in compensation for losses incurred as a result of his death. “We appreciate the jury and their hard work in what we recognize is a difficult decision,” Leslie Johnson,...
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Verdict Reached in Wrongful Death Trial

The jury has reached a verdict in the wrongful death civil suit against Jennifer Nibbe: the jury awarded the Nibbe family, James’ mother and three siblings, $220,000 for his wrongful death. Today the jury was asked to decide how much in damages Jennifer Nibbe owed to the Nibbe family.  Nibbe family attorney, Scott Kelly, says, “It’s very difficult to put a number on the death of a loved one.” The jury returned a verdict including damages in the amount of $220,000, taking into consideration the wages Jim would have earned, assistance he provided to his family, and the loss of...
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Wrongful Death Trial Begins

The heirs and next of kin of James Nibbe bring a wrongful death against Jennifer Nibbe.  The lawsuit is seeking punitive damages for what they say is the wrongful and malicious death of James. Attorney Scott Kelly,  in his opening statement, said the Nibbe family suffered a significant loss.  The family was very close, very caring and loved each other very much.  They have never recovered from this cold blooded murder. Four years ago in August, Jennifer Nibbe shot and killed her husband James in her Lake Crystal home.  She is currently serving time in Shakopee for that crime and is now...
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