Nettestad: appellate review of a criminal case
In State v. Nettestad, the Minnesota Court of Appeals held that Judge Miller abused his discretion by allowing medical conclusions on an ultimate legal issue, but found the error harmless. It separately reversed an improper conviction and remanded for resentencing.
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Merrill: restitution order reversed
In State v. Merrill, the Minnesota Court of Appeals held that Judge Miller abused his discretion by awarding restitution without expressly stating, orally or in writing, that he considered Merrill’s income, resources, and obligations. It reversed and remanded the joint-and-several restitution order for the required statement. The court affirmed the conviction and prison sentence.
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Cookman: disputed claims preserved for factfinding
In Schumacher-Cookman v. Schumacher, Judge Miller dismissed two claims but allowed three to proceed, stating in a 2020 order that credibility could not be decided at summary judgment. After both parties waived a jury, he held a bench trial and denied the surviving claims and slander-of-title counterclaim in his 2023 findings. The disputed facts were resolved after testimony.
Keefe: recording and jury questions preserved
In Christiansen Keefe v. Kronemann Construction, Inc., No. 56-CV-23-1802, Miller permitted recording of a disputed psychological examination and allowed punitive-damages pleading because reasonable, contestable inferences could support jury findings. These plaintiff-favorable rulings provide concrete comparisons with his Stevenson decisions. The parties settled at mediation on July 22, 2025; the case did not produce a jury verdict. Sources: Index #43, October 18, 2024, p. 5; Index #61, March 28, 2025, pp. 19–20; Index #74, July 23, 2025, p. 1. Use the case number and Index number in MCRO.
Countywide jury-trial context
Justice-Denied reviewed 105 Otter Tail County civil cases with jury-trial settings from May 2018 through August 2026. Of the 43 assigned to Judge Miller, none produced a jury verdict deciding contested liability. One produced a completed damages-only verdict in a case first assigned to Judge Waldemar B. Senyk.
For a closer look at different paths toward factfinding, compare Svendsen, Starkebaum, and Wynn.
Read the full countywide jury-trial analysis
Compare the three jury-path cases