Cited by
Opinions in Minnesota that cite State v. Vail, 274 N.W.2d 127.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
There are no “minimum evidentiary requirements in identification cases” and we “examine the sufficiency of the evidence on a case-by-case basis.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
The state argues that direct evidence supports the conviction, and that circumstantial evidence also “corroborates the identification and weight of the methamphetamine.” Appellate courts “have not prescribed minimum evidentiary requirements in identification cases, preferring to examine the sufficiency of the evidence on a case -by- case basis.” State v. Vail , .
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Tysdale cites State v. Vail to argue the evidence is insufficient to uphold her conviction because “Minnesota law requires proof of the actual identity of the substance[.]”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota,
Minn. 2023
While “Minnesota law requires proof of the actual identity of the substance” in substance identification cases, “[ w]e have not prescribed minimum evidentiary 34 requirements.”
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State of Minnesota,
Minn. 2022
In State v. Vail, the district court found that two laboratory tests of a substance were “only screening tests not adequately specific to identify marijuana.”
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State of Minnesota,
Minn. 2021
Fugalli essentially asks us to read section 152.021, subdivision 1(3), as follows: “A person is guilty of a controlled substance crime in the first degree if on one or more occasions 3 Fugalli relies on three primary cases identifying these elements : (identity); State v. Robinson , (weight); State v. Olhausen , (identity and weight).
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State of Minnesota, Respondent, vs. Jason James Loveless, Appellant.
Minn. Ct. App. 2021
The district court instructed the jury with respect to count 5, which concerns the leafy plant material, that the state was required to prove, among other things, that "the 1The BCA forensic scientist also referred to this analysis as "gas chromatography," which explains the meaning of the letters "GC," but she did not explain the meaning of the letters "MS." the supreme court described "gas chromatography-mass spectroscopy" as a laboratory analysis that may be used to identify marijuana.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Minnesota courts “have not prescribed minimum requirements in [drug] identification cases, preferring to examine the sufficiency of the evidence on a case -by- case basis.” State v. Vail , see State v. Gruber , , 639 (Minn. App. 2015).
- State of Minnesota v. Ely Ovis Emmanuel Ana El Sabahot Minn. Ct. App. 2016
- State of Minnesota v. Ely Ovis Emmanuel Ana El Sabahot Minn. Ct. App. 2016
- Patrick Samuel Meszaros v. State of Minnesota Minn. Ct. App. 2016
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Patrick Samuel Meszaros v. State of Minnesota
Minn. Ct. App. 2016
appellant argues that, in a controlled-substance prosecution, proof of the actual identity of the controlled substance is required; the defendant’s belief about the identity of the substance is not sufficient.
- Jose Manuel Flores v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Travis Earl Stringer Minn. Ct. App. 2015
- State of Minnesota v. Travis Earl Stringer Minn. Ct. App. 2015
- Jose Manuel Flores v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Ricky Harry Gruber 864 N.W.2d 628 Minn. Ct. App. 2015
- State of Minnesota v. Ricky Harry Gruber 864 N.W.2d 628 Minn. Ct. App. 2015
- 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
“[The supreme court] ha[s] not prescribed minimum evidentiary requirements in identification cases, preferring to examine the sufficiency of the evidence on a case-by-case basis.”
- State v. Thiel 846 N.W.2d 605 Minn. Ct. App. 2014
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State v. Thiel
846 N.W.2d 605
Minn. Ct. App. 2014
See, e.g., Fogarty, 692 F.2d at 547 ; -36 (Minn.1979).
- State v. Knoch 781 N.W.2d 170 Minn. Ct. App. 2010
- State v. Enoch 781 N.W.2d 170 Minn. Ct. App. 2010
- State v. Enoch 781 N.W.2d 170 Minn. Ct. App. 2010
- State v. Knoch 781 N.W.2d 170 Minn. Ct. App. 2010
- State v. Richmond 730 N.W.2d 62 Minn. Ct. App. 2007
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State v. Richmond
730 N.W.2d 62
Minn. Ct. App. 2007
135-36 n. 14 (Minn.1979) (recognizing and upholding constitutionality of statutory scheme that separately defines and penalizes violations with narcotic drugs included in schedules of controlled substances in three tiers: (1) narcotic drugs, (2) other scheduled controlled substances, and (3) marijuana); see also Cla
- Jacobson v. $55,900 in U.S. Currency 728 N.W.2d 510 Minn. 2007
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Jacobson v. $55,900 in U.S. Currency
728 N.W.2d 510
Minn. 2007
We have stated that where the identification of the drug is in question, “[w]e have not prescribed minimum evidentiary requirements * * *, preferring to examine the sufficiency of the evidence on a case-by-case basis.”
- State v. Olhausen 681 N.W.2d 21 Minn. 2004
- State v. Olhausen 681 N.W.2d 21 Minn. 2004
- State v. Olhausen 669 N.W.2d 385 Minn. Ct. App. 2003
- State v. Olhausen 669 N.W.2d 385 Minn. Ct. App. 2003
- In re the Welfare of J.R.M. 653 N.W.2d 207 Minn. Ct. App. 2002
- In Re Jrm 653 N.W.2d 207 Minn. Ct. App. 2002
- In Re Jrm 653 N.W.2d 207 Minn. Ct. App. 2002
- In re the Welfare of J.R.M. 653 N.W.2d 207 Minn. Ct. App. 2002
- Johnson v. Murray 648 N.W.2d 664 Minn. 2002
- Johnson v. Murray 648 N.W.2d 664 Minn. 2002
- State v. Wright 588 N.W.2d 166 Minn. Ct. App. 1998
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State v. Wright
588 N.W.2d 166
Minn. Ct. App. 1998
-36 (Minn.1979), in which the supreme court rejected defendant’s equal protection challenge and held that the classification of marijuana as a Schedule I controlled substance was within the proper power of the state to provide for the health and welfare of its citizens.
- State v. Robinson 517 N.W.2d 336 Minn. 1994
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State v. Robinson
517 N.W.2d 336
Minn. 1994
cited by both parties, the issue was the identity of 225 pounds of seized material claimed by the state to be marijuana.
- State v. Gallus 481 N.W.2d 116 Minn. Ct. App. 1992
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State v. Gallus
481 N.W.2d 116
Minn. Ct. App. 1992
However, penal statutes “must be strictly construed against the government.”
- State v. Jenkins 411 N.W.2d 504 Minn. Ct. App. 1987
- State v. Jenkins 411 N.W.2d 504 Minn. Ct. App. 1987
- Walker v. State 394 N.W.2d 192 Minn. Ct. App. 1986