Volume 312 — Minnesota Reports

<bold>Criminal law — pretrial lineup — restriction on dress</bold>. <block_quote> 1. A pretrial lineup should be conducted with all participants<page_number>Page 18</page_number> wearing either civilian or prison clothing; and, although the appellant in this case was not prejudiced, the practice of suspects wearing prison clothing and others in the lineup wearing civilian clothing is not to be encouraged.</block_quote> <bold>Same — certification of juvenile for adult prosecution —</bold> <bold>propriety</bold>. <block_quote> 2. The juvenile court had adequate evidence before it, including appellant's past record in juvenile court, to certify him for trial as an adult.</block_quote> <bold>Same — same — same</bold>. <block_quote> 3. While a juvenile court need not enter into the question of probable cause at a hearing to determine whether to certify a juvenile for trial as an adult, it should have knowledge of sufficient facts surrounding the crime itself, other than the juvenile's possible participation in it, in order to determine whether to certify the juvenile for adult prosecution.</block_quote> <bold>Same — joint trial of codefendants — propriety</bold>. <block_quote> 4. The trial court did not abuse its discretion in ordering a joint trial of two codefendants where defendants were each represented by counsel and consented to the joint trial.</block_quote>

<bold>Mortgages — mortgagee's knowledge of unrecorded lease —</bold> <bold>status as bona fide purchaser under recording statute</bold>. <block_quote> 1. Plaintiff's knowledge of a lease executed before, but recorded after, plaintiff's mortgage precludes plaintiff from qualifying as a subsequent purchaser in good faith under the recording statute, Minn. St. <cross_reference>507.34</cross_reference>.</block_quote> <bold>Same — same — finding of implied agreement to subordinate</bold> <bold>lease to mortgage — propriety</bold>. <block_quote> 2. The evidence does not support the finding of an implied agreement to subordinate defendant's lease to plaintiff's mortgage.</block_quote>

<bold>Highway traffic regulation — implied-consent law — right to</bold> <bold>counsel — scope</bold>. <block_quote> 1. The arrested person's limited right to counsel in implied-consent cases includes the right to a private conference with his attorney at the jail prior to his decision concerning whether to submit to the implied-consent testing. This right exists after the accused is allowed a telephone call if his attorney arrives at the jail in time to permit the administration of a valid test.</block_quote> <bold>Same — same — same — same</bold>. <block_quote> 2. The private interview requirements provided in Minn. St. <cross_reference>481.10</cross_reference> can be satisfied by permitting a conference between an attorney and his client out of earshot of others present in the room if a private facility is not available or permissible under the circumstances. No matter how obtained, the contents of the private conference cannot be used against the accused without his consent.</block_quote>

<bold>Tort — finding of employment relationship — common-law tort</bold> <bold>action for injuries sustained by minor employee barred by</bold> <bold>provisions of Workers' Compensation Act</bold>. <block_quote> 1. The trial court properly found as a matter of law that plaintiff was an employee of both Labor Pool of St. Paul, Inc., and defendant, Meldrum Manufacturing and Engineering Company, Inc. Therefore, plaintiff is precluded from maintaining a tort action for personal injuries against Meldrum and summary judgment in favor of Meldrum was appropriate.</block_quote> <bold>Same — same — same</bold>. <block_quote> 2. The terms of the work order between the two employers did not change the legal relationship of the parties.</block_quote> <bold>Same — same — same</bold>. <block_quote> 3. The remedies of the Workers' Compensation Act are exclusive, and plaintiff, as a minor employee, does not have the right to bring a common-law tort action against her employer.</block_quote>

<bold>Divorce — award of additional child support — interpretation</bold> <bold>of parties' stipulation</bold>.

<bold>Workers' compensation — finding of temporary and total</bold> <bold>disability — appeal premature</bold>.

<bold>Criminal law — trial — failure to request submission of</bold> <bold>lesser-included offense — effect</bold>.

<bold>Appeal and error — lack of real controversy — appeal</bold> <bold>dismissed</bold>.

<bold>Zoning — action to compel issuance of septic tank sewage</bold> <bold>system permit — summary judgment — propriety</bold>.