Cited by

Opinions in Minnesota that cite State v. Leinweber, 228 N.W.2d 120.

224 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2024
See State v. Leinweber , (noting that “in a murder case it is preeminently the [district] court’s duty in the exercise of its discretion to determine what lesser degrees of homicide to submit” and that “[n]either the prosecution nor the defense can limit the submission of such lesser degrees as the [district] court deter
McKinley Juner Phillips v. State of Minnesota 7 N.W.3d 577 Minn. 2024
McKinley Juner Phillips v. State of Minnesota 7 N.W.3d 577 Minn. 2024
State of Minnesota v. Jerry Arnold Westrom 6 N.W.3d 145 Minn. 2024
State of Minnesota v. Jerry Arnold Westrom 6 N.W.3d 145 Minn. 2024
1 (2022), a defendant “may be convicted of either the crime charged or an included offense, but not both.” “In Minnesota, every lesser degree of murder is an included offense.” d 120, 125 (Minn. 1975).
Dakota County Anderson, J. ConState of Minnesota v. Gabriel Alfonso Sanchez Cruz Minn. 2023
Dakota County Anderson, J. ConState of Minnesota v. Gabriel Alfonso Sanchez Cruz Minn. 2023
1 (2022), a defendant “may be convicted of either the crime charged or an included offense, but not both.” We have recognized that “every lesser degree of murder is an included offense.”
State of Minnesota, Minn. 2023
we said, “[e]very lesser degree of murder is intended by the statute to be characterized as an ‘included offense.’ ” Consequently, 24 second-degree unintentional felony murder was a lesser-included offense in this case.
Eddie Markeith Frazier, petitioner, Appellant, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2022
In support of this contention, and State v. Leinweber
State of Minnesota, Minn. 2021
n.3 (Minn. 1975) (also identifying Lowe, Nelson, and Kopetka as typical applications of the offense).
Minn. 2021
State of Minnesota, Respondent, Minn. Ct. App. 2021
7 B. The Absence of a Jury Instruction on Lesser-Included Offenses “Defense counsel, as the professional advocate and intermediary of the accused, is charged with the control of and responsibility for the conduct of the defense during trial.” State v. Leinweber
State of Minnesota, Minn. 2020
We have also recognized that “every lesser d egree of murder is an included offense.” State v. Zumberge
State of Minnesota, Respondent, Minn. Ct. App. 2020
(stating that every lesser degree of murder is an “included offense” for purposes of Minn. Stat. § 609.04).
State v. Hallmark 927 N.W.2d 281 Minn. 2019
State v. Hallmark 927 N.W.2d 281 Minn. 2019
See, e.g. , State v. Leinweber , 303 Minn. 414 , , 125 (1975) (discussing Minn. Stat. § 611.02 in the context of charging the jury).
State of Minnesota v. Neal Curtis Zumberge 888 N.W.2d 688 Minn. 2017
State of Minnesota v. Neal Curtis Zumberge 888 N.W.2d 688 Minn. 2017
see also Minn. Stat. § 609.04 (2016).
State of Minnesota v. Jonas David Nelson 886 N.W.2d 505 Minn. 2016
State of Minnesota v. Jonas David Nelson 886 N.W.2d 505 Minn. 2016
See State v. Leinweber, 303 Minn. 414, 421
State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
(quoting State v. Leinweber, 303 Minn. 414, 421, (“Neither the prosecution nor the defense can limit the submission of such lesser degrees as the trial court determines should be submitted.”)).
Jedidiah Dean Troxel v. State of Minnesota 875 N.W.2d 302 Minn. 2016
Jedidiah Dean Troxel v. State of Minnesota 875 N.W.2d 302 Minn. 2016
at 595 (citing State v. Leinweber, 303 Minn. 414, 422 , -26 (1975)).
State of Minnesota v. Ronald Matthew Quiceno Minn. Ct. App. 2015
State of Minnesota v. Ronald Matthew Quiceno Minn. Ct. App. 2015
See State v. Leinweber, 303 Minn. 414, 417, (considering first-degree manslaughter offense as lesser offense of second-degree intentional murder); (stating that first-degree manslaughter offense is lesser offense of second-degree felony murder).
State v. Montermini 819 N.W.2d 447 Minn. Ct. App. 2012
State v. Montermini 819 N.W.2d 447 Minn. Ct. App. 2012
Appellant concedes that he did not request an instruction on second-degree culpable-negligence manslaughter, and State v. Leinweber, 303 Minn. 414, 422 , -26 (1975), the district court must sua sponte give a lesser-included-offense instruction when the evidence provides a rational basis (1) for acquitting the defendant of the greater offense, and (2) convicting of the lesser-included offense, as he contends it does here.
State v. Tscheu 758 N.W.2d 849 Minn. 2008
State v. Bird 734 N.W.2d 664 Minn. 2007
State v. Bird 734 N.W.2d 664 Minn. 2007
303 Minn. 414, 415-17 , -23 (1975).
State v. Moon 717 N.W.2d 429 Minn. Ct. App. 2006
State v. Moon 717 N.W.2d 429 Minn. Ct. App. 2006
State v. Leinweber, 303 Minn. 414, 421-22
State v. Johnson 719 N.W.2d 619 Minn. 2006
State v. Johnson 719 N.W.2d 619 Minn. 2006
State v. Hannon 703 N.W.2d 498 Minn. 2005
State v. Hannon 703 N.W.2d 498 Minn. 2005
State v. Leinweber, 303 Minn. 414, 421
State v. Johnson 699 N.W.2d 335 Minn. Ct. App. 2005
State v. Johnson 699 N.W.2d 335 Minn. Ct. App. 2005
State v. Leinweber, 303 Minn. 414, 421
State v. Dahlin 695 N.W.2d 588 Minn. 2005
State v. Dahlin 695 N.W.2d 588 Minn. 2005
After the noon recess, defense counsel brought State v. Leinweber, 303 Minn. 414 , to the court’s attention, and asserted that second-degree intentional murder “is a mandatory instruction based on this case,” thus requesting a second-degree intentional murder instruction in addition to the previously requested second-degree unintentional felony murder instruction.
State v. Slaughter 691 N.W.2d 70 Minn. 2005
State v. Slaughter 691 N.W.2d 70 Minn. 2005
Id.; State v. Leinweber, 303 Minn. 414, 422 , -26 (1975).
State v. Al-Naseer 690 N.W.2d 744 Minn. 2005
State v. Al-Naseer 690 N.W.2d 744 Minn. 2005
State v. Leinweber, 303 Minn. 414, 422
State v. Richardson 670 N.W.2d 267 Minn. 2003
State v. Richardson 670 N.W.2d 267 Minn. 2003
§ 609.04 (2002); State v. Leinweber, 303 Minn. 414, 421-22 , -26 (1975); and (2) a rational basis exists for the jury to convict the defendant of the lesser-included offense and acquit the defendant of the greater crime.
Stiles v. State 664 N.W.2d 315 Minn. 2003
Stiles v. State 664 N.W.2d 315 Minn. 2003
State v. Leinweber, 303 Minn. 414, 421-22 , -26 (1975).