Minnesota Order Banning “False or Defamatory Statements” Limited to Knowingly False And Defamatory Statements
The rest of the opinion is interesting, too; from State v. Bianco, decided this week by the Minnesota Court of Appeals, in an opinion by Judge Frisch (joined by Judges Johnson and Reyes):
Appellant Quintin Isaiah Bianco was formerly in a relationship with victim’s daughter, who is under victim’s guardianship. Victim petitioned for a harassment restraining order (HRO) following escalating incidents of harassment by Bianco. On August 17, 2018, the district court issued an HRO prohibiting Bianco from (1) harassing victim; (2) having direct or indirect contact with victim; or (3) “mak[ing] false or defamatory statements about [victim], including to the public, to [victim’s] employer, or on-line.”
Between February 10, 2019, and March 25, 2019, multiple posts containing various allegations about victim originated from Bianco’s Facebook account. On March 25, 2019, Bianco called social services alleging that victim abused her daughter and denied her daughter medical care.
The state charged Bianco with violation of the HRO. Bianco entered into a plea agreement, and the district court held a plea hearing. At the hearing, the state attempted to elicit sworn testimony from Bianco to establish a factual basis for the offense. When Bianco denied certain facts, the district court took over questioning of Bianco, accepted his plea, and adjudicated him guilty. Bianco now appeals and seeks reversal of his conviction, arguing that the district court should not have accepted his guilty plea because the facts to which he admitted do not establish that he violate
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