Cited by
Opinions in Minnesota that cite City of Moorhead v. Miller, 295 N.W.2d 548.
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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Distinguished
State of Minnesota, Respondent,
Minn. Ct. App. 2018
d 514, 515 (Minn. 1995); City of Moorhead v. Miller
- State of Minnesota v. Richard Lee Cunningham Minn. Ct. App. 2015
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State of Minnesota v. Richard Lee Cunningham
Minn. Ct. App. 2015
(ruling that open-bottle conviction and DWI conviction “must be deemed to have arisen from the same behavioral incident”).
- State of Minnesota v. Stephanie JoNell Guscette Minn. Ct. App. 2015
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State of Minnesota v. Stephanie JoNell Guscette
Minn. Ct. App. 2015
To the extent that we know the relevant facts, in which the defendant was convicted of DWI and an open-bottle violation, which led the supreme court to comment, in affirming the trial court, that “the two offenses must be deemed to have arisen from the same behavioral incident.” Id.
- State v. Bishop 545 N.W.2d 689 Minn. Ct. App. 1996
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State v. Bishop
545 N.W.2d 689
Minn. Ct. App. 1996
In a traffic case like this one, the test to be applied in determining whether offenses arose out of the same behavioral incident is whether those offenses arose “out of a continuous and uninterrupted course of conduct, manifesting an indivisible state of mind or coincident errors of judgment.” (quoting State v. Johnson, 273 Minn. 394, 405 , ).
- State v. Tildahl 540 N.W.2d 514 Minn. 1995
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State v. Tildahl
540 N.W.2d 514
Minn. 1995
holding in that case that the defendant could be sentenced for only one of the two offenses, which were violating the open bottle law and driving while under the influence.
- State v. Secrest 437 N.W.2d 683 Minn. Ct. App. 1989
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State v. Secrest
437 N.W.2d 683
Minn. Ct. App. 1989
16, 1988) (-50 (Minn.1980)).
- State v. O'BRIEN 429 N.W.2d 293 Minn. Ct. App. 1988
- State v. O'BRIEN 429 N.W.2d 293 Minn. Ct. App. 1988
- State v. Dwire 409 N.W.2d 498 Minn. 1987
- State v. Dwire 409 N.W.2d 498 Minn. 1987
- State v. Zuehlke 320 N.W.2d 79 Minn. 1982
- State v. Zuehlke 320 N.W.2d 79 Minn. 1982
- City of Fergus Falls v. Sporre 300 N.W.2d 791 Minn. 1981
- City of Fergus Falls v. Sporre 300 N.W.2d 791 Minn. 1981
- State v. Scott 298 N.W.2d 67 Minn. 1980
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State v. Scott
298 N.W.2d 67
Minn. 1980
We have applied this test in numerous cases, including the following recent ones:
- State v. Filipi 297 N.W.2d 275 Minn. 1980
- State v. Filipi 297 N.W.2d 275 Minn. 1980