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CARLSON v. DEPT. OF EMPLOY. & ECON. DEV.

No. A07-28.

747 N.W.2d 367 (2008)

Richard A. CARLSON, Relator, v. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT, Respondent.

Court of Appeals of Minnesota.

April 15, 2008.

Attorney(s) appearing for the Case

Richard A. Carlson, Bloomington, MN, pro se relator.

Lee B. Nelson, Katrina I. Gulstad, Minnesota Department of Employment and Economic Development, St. Paul, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge; HALBROOKS, Judge; and SCHELLHAS, Judge.

OPINION

SCHELLHAS, Judge.

In this certiorari appeal from an unemployment-law judge's decision of ineligibility for unemployment benefits, relator argues he was eligible for benefits while he served his felony DWI sentence in a correctional facility and while on electronic home monitoring (EHM). Despite the provision of Minn.Stat. § 268.085, subd. 2(3) (2006), that one who is incarcerated is not eligible for unemployment benefits, relator contends that...

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