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Cited by

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

224 citing documents.

  • State v. Koop 375 N.W.2d 491 Minn. Ct. App. 1985
  • State v. Koop 375 N.W.2d 491 Minn. Ct. App. 1985
    State v. Leinweber, 303 Minn. 414, 422 , -26 (1975).
  • State v. Galvan 374 N.W.2d 269 Minn. 1985
  • State v. Galvan 374 N.W.2d 269 Minn. 1985
    (state conceded that it was a lesser-included offense); State v. Leinweber, 303 Minn. 414 , (making it clear that any lesser degrees of homicide should be submitted if the facts justify submission).
  • State v. Smith 374 N.W.2d 520 Minn. Ct. App. 1985
  • State v. Smith 374 N.W.2d 520 Minn. Ct. App. 1985
    The Minnesota Supreme Court elaborated on Jordan in State v. Leinweber, 303 Minn. 414, 421-22 , -26 (1975), and said: To this we add that in a murder case it is preeminently the trial court’s duty in the exercise of its discretion to determine what lesser degrees of homicide to submit.
  • State v. Coleman 373 N.W.2d 777 Minn. 1985
  • State v. Coleman 373 N.W.2d 777 Minn. 1985
    We determined in State v. Leinweber, 303 Minn. 414, 422 , -126 (1975) that the trial court is required to instruct the jury on a lesser offense if the offense is a lesser included offense of the crime charged, and if there is evidence which produces a rational basis for a verdict acquitting the defendant of the offense charged and convicting of the
  • State v. Johnsen 364 N.W.2d 494 Minn. Ct. App. 1985
  • State v. Johnsen 364 N.W.2d 494 Minn. Ct. App. 1985
    Thus, in the case of State v. Leinweber, 303 Minn. 414 , a prosecution for second degree murder of the defendant’s wife, the testimony as to the relationship between the defendant and his wife and whether their marriage was relatively peaceful or increasingly tumultuous was lengthy.
  • State v. Solomon 359 N.W.2d 19 Minn. 1984
  • State v. Solomon 359 N.W.2d 19 Minn. 1984
    This is because (a) in submitting necessarily included offenses the trial court should be guided by the principles of section 609.04, not by whether or not the state has charged the defendant with the included offenses in separate counts, and (b) under the test of State v. Leinweber, 303 Minn. 414 , the court generally should submit included offenses only if the evidence is such that the jury rationally could acquit the defendant of the charged offense and find him guilty of the included offense
  • State v. Edwards 343 N.W.2d 269 Minn. 1984
  • State v. Edwards 343 N.W.2d 269 Minn. 1984
    State v. Leinweber, 303 Minn. 414
  • State v. Nurmi 336 N.W.2d 65 Minn. 1983
  • State v. Nurmi 336 N.W.2d 65 Minn. 1983
    State v. Leinweber, 303 Minn. 414, 422
  • State v. Patch 329 N.W.2d 833 Minn. 1983
  • State v. Patch 329 N.W.2d 833 Minn. 1983
    State v. Leinweber, 303 Minn. 414, 422 , -26 (1975).
  • State v. Hoffman 328 N.W.2d 709 Minn. 1982
  • State v. Hoffman 328 N.W.2d 709 Minn. 1982
    He alleges that under the standard established in State v. Leinweber, 303 Minn. 414 , the evidence would reasonably support a not guilty verdict on the first and second degree murder charges and a conviction on the first degree manslaughter charge.
  • State v. Carlson 328 N.W.2d 690 Minn. 1982
  • State v. Carlson 328 N.W.2d 690 Minn. 1982
    “The trial court should submit instruction on a lesser degree of homicide to the jury if the evidence reasonably supports a conviction of the lesser degree and at the same time supports a finding of not guilty of the greater offense.” accord, State v. Leinweber, 303 Minn. 414
  • State v. Gorham 306 N.W.2d 123 Minn. 1981
  • State v. Gorham 306 N.W.2d 123 Minn. 1981
    State v. Malzac, 309 Minn. 300 , State v. Leinweber, 303 Minn. 414
  • State v. Nelson 297 N.W.2d 285 Minn. 1980
  • State v. Nelson 297 N.W.2d 285 Minn. 1980
    State v. Leinweber, 303 Minn. 414
  • State v. Wahlberg 296 N.W.2d 408 Minn. 1980
  • State v. Wahlberg 296 N.W.2d 408 Minn. 1980
    In State v. Leinweber, 303 Minn. 414 , we held that the trial court should submit instruction on a lesser degree of homicide to the jury if the evidence reasonably supports a conviction of the lesser degree and at the same time supports a finding of not guilty of the greater offense.
  • State v. Morgan 296 N.W.2d 397 Minn. 1980
  • State v. Wiberg 296 N.W.2d 388 Minn. 1980
  • State v. Stigen 295 N.W.2d 382 Minn. 1980
  • State v. Wiberg 296 N.W.2d 388 Minn. 1980
    We also reaffirm our holding in State v. Leinweber, 303 Minn. 414 , that even if a defendant attempts to waive an instruction on a lesser included offense, the trial judge has the prerogative of ignoring the waiver and instructing the jury on all offenses warranted by the facts.
  • State v. Stigen 295 N.W.2d 382 Minn. 1980
    State v. McDonald, 312 Minn. 320 , State v. Malzac, 309 Minn. 300 , State v. Leinweber, 303 Minn. 414
  • State v. Morgan 296 N.W.2d 397 Minn. 1980
    3 We held in State v. Leinweber, 303 Minn. 414, 422 , -26 (1975), that an instruction on a lesser offense is required only where the jury could reasonably convict defendant of the lesser offense and at the same time could justifiably acquit him of the greater offense.
  • State v. Adams 295 N.W.2d 527 Minn. 1980
  • State v. Adams 295 N.W.2d 527 Minn. 1980
    State v. Leinweber, 303 Minn. 414, 422 , -126 (1975).
  • Wolfe v. State 293 N.W.2d 41 Minn. 1980
  • Wolfe v. State 293 N.W.2d 41 Minn. 1980
    State v. Leinweber, 303 Minn. 414, 422 , -26 (1975).
  • State v. Scheerle 285 N.W.2d 686 Minn. 1979
  • State v. Scheerle 285 N.W.2d 686 Minn. 1979
    While a trial court may, on its own and even over defendant’s wishes, submit lesser offenses which are justified by the evidence — State v. Leinweber, 303 Minn. 414 , — a defendant who does not request submission or object to the lack of submission of the lesser offense forfeits his right to raise on appeal a claim that the lesser offense should have been submitted.
  • State v. Hofmaster 288 N.W.2d 218 Minn. 1979
  • State v. Hofmaster 288 N.W.2d 218 Minn. 1979
    State v. Leinweber, 303 Minn. 414
  • State v. Lee 282 N.W.2d 896 Minn. 1979
  • State v. Lee 282 N.W.2d 896 Minn. 1979
    State v. Leinweber, 303 Minn. 414, 422
  • State v. Malley 285 N.W.2d 469 Minn. 1979
  • State v. Malley 285 N.W.2d 469 Minn. 1979
    In State v. Leinweber, 303 Minn. 414 , we confirmed our position set forth in Jordan .
  • State v. Bryant 281 N.W.2d 712 Minn. 1979
  • State v. Bryant 281 N.W.2d 712 Minn. 1979
    The state does not argue that submission of the other two lesser offenses would have been unjustified and recognizes that the court, on its own, could have submitted the two, even over defendant’s wishes — see, State v. Leinweber, 303 Minn. 414
  • State v. Schluter 281 N.W.2d 174 Minn. 1979
  • State v. Schluter 281 N.W.2d 174 Minn. 1979
    This contention — which is basically that a defendant ought to be able to prevent submission of lesser offenses — is a contention which this court rejected in State v. Leinweber, 303 Minn. 414, 421 , where we stated in part as follows: “ * * * [I]n a murder case it is preeminently the trial court’s duty in the exercise of its discretion to determine what lesser degrees of homicide to submit.