State of Minnesota v. Peter Allen Colvin

Facts

Michelle Colvin applied for and obtained an emergency order for protection against her ex-husband, the defendant, on October 14, 1998. The order provided that “Respondent [defendant] must not enter Petitioner’s [Michelle Colvin’s] residence located at [address] or any future residence. Respondent must not enter or stay at Petitioner’s residence for any reason, even if invited to do so.” The order also provided that defendant could not commit acts of domestic abuse against Michelle Colvin, have any contact with her, or enter or call her workplace.

On February 25, 1999, Michelle Colvin telephoned the Rochester Police Department to report a violation of the order. According to the police report, a fifteen-year-old girl, A.M.E., who was staying with Michelle Colvin, returned to their home in Rochester that evening at 6:10 p.m. and found the defendant inside the residence, watching television and drinking a beer. A.M.E. asked him to leave, and he complied. She then telephoned Michelle Colvin at work and left a message about defendant. The police officer responding to Michelle Colvin’s call later that evening found no sign of forced entry. Michelle Colvin reported to the officer that she believed defendant entered the residence through a window in the dining area because the blinds were disturbed and because that window would not lock.

As a result of the events of February 25, 1999, defendant was convicted of burglary in the first degree. He appealed, arguing that his conduct was not sufficient to establish burglary. The Court of Appeals affirmed. He appealed again.