Cited by

Opinions in Minnesota that cite State v. Kemp, 305 N.W.2d 322.

41 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2024
State of Minnesota, Respondent, Minn. Ct. App. 2023
See, (noting the “factual nature of a determination that two or more offenses were part of a single course of conduct” and “the desirability of counsel first presenting to the [district] court issues concerning the application of section 609.035”) ; Dunn v. Nat’l Beverage Corp., (M
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2021
See State v. Kemp , (explaining that appellate courts need not consider section 609.04 issues not raised in the district court).
Eduardo Cortez, Jr. v. State of Minnesota Minn. Ct. App. 2015
Eduardo Cortez, Jr. v. State of Minnesota Minn. Ct. App. 2015
State v. Bertsch 707 N.W.2d 660 Minn. 2006
State v. Bertsch 707 N.W.2d 660 Minn. 2006
State v. Bertsch 689 N.W.2d 276 Minn. Ct. App. 2004
State v. Bertsch 689 N.W.2d 276 Minn. Ct. App. 2004
Specifically, in which defendant distributed cocaine and later that same day was found to possess more cocaine.
State v. Bookwalter 541 N.W.2d 290 Minn. 1995
State v. Clark 486 N.W.2d 166 Minn. Ct. App. 1992
State v. Clark 486 N.W.2d 166 Minn. Ct. App. 1992
State v. Blair 474 N.W.2d 630 Minn. Ct. App. 1991
State v. Blair 474 N.W.2d 630 Minn. Ct. App. 1991
for rev. denied (Minn. July 17, 1985) (this court “will not determine whether a conviction should be vacated unless the issue is first presented to the trial court”) (-23 (Minn.1984); ).
State v. Folley 438 N.W.2d 372 Minn. 1989
State v. Folley 438 N.W.2d 372 Minn. 1989
we expressly reserved the option not to decide an issue such as this in future appeals if the issue were not first raised in the trial court.
State v. Gonzalez 407 N.W.2d 472 Minn. Ct. App. 1987
State v. Gonzalez 407 N.W.2d 472 Minn. Ct. App. 1987
-26 (Minn.Ct.App.1985), pet.
State v. Hodges 384 N.W.2d 175 Minn. Ct. App. 1986
State v. Hodges 384 N.W.2d 175 Minn. Ct. App. 1986
Ture v. State 353 N.W.2d 518 Minn. 1984
Ture v. State 353 N.W.2d 518 Minn. 1984
relied upon by the state, merely indicated that in the future we might decline to decide issues concerning the application of either section 609.035 or 609.04 unless the defendant first presented it to the trial court for decision.
State v. Whisonant 331 N.W.2d 766 Minn. 1983
State v. Whisonant 331 N.W.2d 766 Minn. 1983
State v. Banks 331 N.W.2d 491 Minn. 1983
State v. Banks 331 N.W.2d 491 Minn. 1983
: That there is a factual nature to the determination by the trial court — — is illustrated by considering the case of State v. Finn, 295 Minn. 520 , where we held that the offense of driving recklessly was part of the same behavioral incident as the offense of using a vehicle without authorization where both violations occurred during a continuous and
State v. McAdoo 330 N.W.2d 104 Minn. 1983
State v. McAdoo 330 N.W.2d 104 Minn. 1983
State v. Abeyta 328 N.W.2d 443 Minn. 1983
State v. Abeyta 328 N.W.2d 443 Minn. 1983
State v. Gayles 327 N.W.2d 1 Minn. 1982
State v. Gayles 327 N.W.2d 1 Minn. 1982
State v. Gilbertson 323 N.W.2d 810 Minn. 1982
State v. Gilbertson 323 N.W.2d 810 Minn. 1982
: That there is a factual nature to the determination by the trial court — — is illustrated by considering the case of State v. Finn, 295 Minn. 520 , where we held that the offense of driving recklessly was part of the same behavioral incident as the offense of using a vehicle without authorization where both violations occurred during a continuous and
State v. Tenhoff 322 N.W.2d 354 Minn. 1982
State v. Tenhoff 322 N.W.2d 354 Minn. 1982
we stated that whether two offenses were part of a single course of conduct — an issue in applying either Minn. Stat. § 609.035 (1980) or section 609.04 — is a factual issue ordinarily best presented in the first instance to the trial court; therefore “[i]n future similar cases we may decline to deci
State v. Zuehlke 320 N.W.2d 79 Minn. 1982
State v. Zuehlke 320 N.W.2d 79 Minn. 1982
That there is a factual nature to the determination by the trial court — —is illustrated by considering the case of State v. Finn, 295 Minn. 520 , where we held that the offense of driving recklessly was part of the same behavioral incident as the offense of using a vehicle without authorization where both violations occurred during a continuous and u
State v. Hudson 311 N.W.2d 505 Minn. 1981
State v. Hudson 311 N.W.2d 505 Minn. 1981
we stated that in future cases we might decline to decide issues concerning the application of section 609.04 unless the issue had first been presented to the trial court for decision, but that opinion was filed while the appeal in this case was pending.