Cited by
Opinions in Minnesota that cite State v. Florine, 226 N.W.2d 609.
- State of Minnesota v. Jessica Corinne Anich Minn. Ct. App. 2016
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State of Minnesota v. Jessica Corinne Anich
Minn. Ct. App. 2016
“that the police found the [firearm] in a place under defendant’s exclusive control to which other people did not normally have access” or that “if the police found [the firearm] in a place to which others had access, there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over [the firearm].” State v. Florine, 303 Minn. 103, 105, (emphasis 2 While we agree with the state that a conviction is not required, it is not
- State of Minnesota v. Rhiannon Marie Zych Minn. Ct. App. 2016
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State of Minnesota v. Rhiannon Marie Zych
Minn. Ct. App. 2016
State v. Florine, 303 Minn. 103, 104
- State of Minnesota v. Jimmy Clyde Griffin Minn. Ct. App. 2016
- State of Minnesota v. Robert Jamal Poole Minn. Ct. App. 2016
- State of Minnesota v. Claude Monroe Washington Minn. Ct. App. 2016
- Dennis Bernard Freeman v. State of Minnesota Minn. Ct. App. 2016
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State of Minnesota v. Claude Monroe Washington
Minn. Ct. App. 2016
(quoting State v. Florine, 303 Minn. 103, 105, ).
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State of Minnesota v. Robert Jamal Poole
Minn. Ct. App. 2016
Poole points out that, 12 with regard to possession of controlled substance crimes, “the state must prove that defendant consciously possessed, either physically or constructively, the substance and that defendant had actual knowledge of the nature of the substance.” State v. Florine, 303 Minn. 103, 104, (emphasis added).
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State of Minnesota v. Jimmy Clyde Griffin
Minn. Ct. App. 2016
Griffin also argues that in controlled-substance crimes, “the state must prove that defendant consciously possessed, either physically or constructively, the substance and that 14 defendant had actual knowledge of the nature of the substance.” State v. Florine, 303 Minn. 103, 104, (emphasis added).
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Dennis Bernard Freeman v. State of Minnesota
Minn. Ct. App. 2016
“[T]o convict a defendant of unlawful possession of a controlled substance, the state must prove that defendant consciously possessed, either physically or constructively, the substance and that the defendant had actual knowledge of the nature of the substance.” State v. Florine, 303 Minn. 103, 104
- State of Minnesota v. Michael William Kirby Minn. Ct. App. 2016
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State of Minnesota v. Michael William Kirby
Minn. Ct. App. 2016
the substance and that [the] defendant had actual knowledge of the nature of the substance.” State v. Florine, 303 Minn. 103, 104, see also 10A Minnesota Practice, CRIMJIG 20.04 (Supp. 2012) (stating that an element of first-degree controlled- substance crime is that the defendant “knowingly possessed” the requisite weight of methamphetamine).
- State of Minnesota v. Lacy Rose Carlsen Minn. Ct. App. 2016
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State of Minnesota v. Lacy Rose Carlsen
Minn. Ct. App. 2016
ng: (1) “the police found the substance in a place under [the] defendant’s exclusive control to which other people did not normally have access,” or (2) “if police found [the substance] in a place to which others had access, there is a strong probability (inferable from other evidence) that [the] defendant was at the time consciously exercising dominion and control over it.” State v. Florine, 303 Minn. 103, 105
- State of Minnesota v. Jimmy Dawayne Lester Minn. Ct. App. 2016
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State of Minnesota v. Jimmy Dawayne Lester
Minn. Ct. App. 2016
State v. Florine, 303 Minn. 103, 104-05
- State of Minnesota v. Maureen Ndidiamaka Onyelobi 879 N.W.2d 334 Minn. 2016
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State of Minnesota v. Maureen Ndidiamaka Onyelobi
879 N.W.2d 334
Minn. 2016
11 possession of a controlled substance, it must be shown that the defendant, among other things, “consciously possessed [the substance], either physically or constructively.” State v. Florine, 303 Minn. 103, 104, (explaining that an individual may constructively possess contraband singly or “jointly with another person,” but “mere proximity to criminal activity does not establish particularized probable cause that a person is engaged in
- State of Minnesota v. Bobby Maurice McGary Minn. Ct. App. 2016
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State of Minnesota v. Bobby Maurice McGary
Minn. Ct. App. 2016
See State v. Florine, 303 Minn. 103, 104-05, (applying constructive possession in narcotics cases).
- State of Minnesota v. Carlos Maurice Harris Minn. Ct. App. 2016
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State of Minnesota v. Carlos Maurice Harris
Minn. Ct. App. 2016
(quoting State v. Florine, 303 Minn. 103, 105, ).
- State of Minnesota v. Brandon Christopher Seals Minn. Ct. App. 2016
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State of Minnesota v. Brandon Christopher Seals
Minn. Ct. App. 2016
State v. Florine, 303 Minn. 103, 104-05
- State of Minnesota v. Patrick Perry Paczkowski Minn. Ct. App. 2015
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State of Minnesota v. Patrick Perry Paczkowski
Minn. Ct. App. 2015
State v. Florine, 303 Minn. 103, 104
- State of Minnesota v. Wallace Owens Minn. Ct. App. 2015
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State of Minnesota v. Wallace Owens
Minn. Ct. App. 2015
(quoting State v. Florine, 303 Minn. 103, 105, ) (stating that the Florine analysis is fact driven and that “ease of access is certainly one factor relevant to establishing constructive possession”); d 303, 308 (Minn. App. 2013) (stating that “[p]roximity is an important factor in establishing c
- State of Minnesota v. Corey Vern Schmidt Minn. Ct. App. 2015
- State of Minnesota v. John Jay Pederson Minn. Ct. App. 2015
- State of Minnesota v. Ashimiyu Gbolahan Alowonle Minn. Ct. App. 2015
- State of Minnesota v. Jonathan Andrew Bursch Minn. Ct. App. 2015
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State of Minnesota v. John Jay Pederson
Minn. Ct. App. 2015
(alteration in original) (quoting State v. Florine, 303 Minn. 103, 104-05, d 609, 610 (1975)).
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State of Minnesota v. Jonathan Andrew Bursch
Minn. Ct. App. 2015
State v. Florine, 303 Minn. 103, 105
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State of Minnesota v. Ashimiyu Gbolahan Alowonle
Minn. Ct. App. 2015
under defendant’s exclusive control to which other people did not normally have access,’ or (2) if the prohibited item was found ‘in a place to which others had access, there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over it.’” (quoting State v. Florine, 303 Minn. 103, 105, ).
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State of Minnesota v. Corey Vern Schmidt
Minn. Ct. App. 2015
State v. Florine, 303 Minn. 103, 104
- State of Minnesota v. Pierre Corey Stewart, Appellant.. Minn. Ct. App. 2015
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State of Minnesota v. Pierre Corey Stewart, Appellant..
Minn. Ct. App. 2015
State v. Florine, 303 Minn. 103, 105
- In the Matter of Minnesota Department of Natural Resources Special Permit No. 16868 (December 21, 2012) issued to … 867 N.W.2d 522 Minn. Ct. App. 2015
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In the Matter of Minnesota Department of Natural Resources Special Permit No. 16868 (December 21, 2012) issued to …
867 N.W.2d 522
Minn. Ct. App. 2015
See State v. Florine, 303 Minn. 103, 104, (defining “actual possession” as “direct physical control”); Baehr, 258 Minn. at 537, d at 664 (defining “actual possession” in the context of land disputes as “‘actual occupan[c]y,’ which means physical presence
- State of Minnesota v. Christopher Thomas Wenthe 865 N.W.2d 293 Minn. 2015
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State of Minnesota v. Christopher Thomas Wenthe
865 N.W.2d 293
Minn. 2015
The offense does not impose strict liability because the state must prove knowledge of drug possession, see State v. Florine, 303 Minn. 103, 104 , and we declined to add an additional mens rea requirement for knowledge of the location where the possession occurred.
- State of Minnesota v. James Michael Soderbeck Minn. Ct. App. 2015
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State of Minnesota v. James Michael Soderbeck
Minn. Ct. App. 2015
State v. Florine, 303 Minn. 103, 104-05
- State of Minnesota v. Daniel Dean Kruse Minn. Ct. App. 2015
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State of Minnesota v. Daniel Dean Kruse
Minn. Ct. App. 2015
State v. Florine, 303 Minn. 103, 104, review denied (Minn. Feb.
- State of Minnesota v. Thomas Ardell Gentry Minn. Ct. App. 2015
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State of Minnesota v. Thomas Ardell Gentry
Minn. Ct. App. 2015
See State v. Florine, 303 Minn. 103, 104–05, (holding constructive possession exists “where the inference is strong that the defendant at one time physically possessed the substance and did not abandon his possessory interest in the substance but rather continued to exercise dominion and control over it up to the time of the a