Cited by
Opinions in Minnesota that cite Gerdes v. State, 319 N.W.2d 710.
- State of Minnesota v. Chad William Buckley Minn. Ct. App. 2024
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State of Minnesota v. Chad William Buckley
Minn. Ct. App. 2024
-13 (Minn. 1982) (reasoning traffic-control devices are acquired for personal use and not likely to be disposed of quickly); see also Jannetta, d at 194 (determining that the observation of photographs depicting child pornography and the execution of a warrant two-years later did not render the informa
- State of Minnesota v. Corey Lynden Stone, A21-1648, Supreme Court, September 27, 2023 Minn. 2023
- State of Minnesota v. Corey Lynden Stone, A21-1648, Supreme Court, September 27, 2023 Minn. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
2 (1980), “the operability of the weapon at the time of possession is immaterial.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Appellant,
Minn. Ct. App. 2019
of search warrant); DeWald, d at 746 –48 (concluding, in murder case, that three -week- old information contained in affidavit supporting search warrant was not stale); –74 (Minn. 1984) (concluding that probable cause was not stale whe n search warrant stated that “within the past week” a controlled buy from defendant occurred); –13 (Minn. 1982) (concluding 11 that probable cause was not stale after gap of four weeks between observation of stolen traffic signs and search); Yaritz, d at 17 (concl
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
7 Under this reasoning, Minnesota courts have, for example, declined to invalidate searches based on staleness in various circumstances: a –13 (Minn. 1982); a gap of two years between the observation of photographs, books, and magazines depicting child pornography and the home search did not render the observation stale in Jannetta, d at 194; a gap of six days between the information that the defendant had marijuana in his home and the
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The state relies on Ostrem, which held that, “i n order to prejudice the substantial rights of th e defendant, it must be shown that the amendment either added or charged a different offense.” d at 923 ().
- State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
- State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
- State of Minnesota v. Cheng Pao Vue Minn. Ct. App. 2016
- State of Minnesota v. Cheng Pao Vue Minn. Ct. App. 2016
- State of Minnesota v. Faron Wayne Ruel Minn. Ct. App. 2016
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State of Minnesota v. Faron Wayne Ruel
Minn. Ct. App. 2016
Id.; (approving amendment of the complaint during trial when it changed only the date of possession of a firearm, which did not change any essential element of the offense).
- State of Minnesota v. Yia Her Minn. Ct. App. 2015
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State of Minnesota v. Yia Her
Minn. Ct. App. 2015
17.05 is in the sound discretion of the trial judge.”
- State v. Bertsch 689 N.W.2d 276 Minn. Ct. App. 2004
- State v. Bertsch 689 N.W.2d 276 Minn. Ct. App. 2004
- State v. KNAEBLE 652 N.W.2d 551 Minn. Ct. App. 2002
- State v. KNAEBLE 652 N.W.2d 551 Minn. Ct. App. 2002
- State v. DeVerney 592 N.W.2d 837 Minn. 1999
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State v. DeVerney
592 N.W.2d 837
Minn. 1999
P. 17.05; (stating that “the matter of allowing amendments to complaints under Minn. R.Crim.
- State v. Profit 591 N.W.2d 451 Minn. 1999
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State v. Profit
591 N.W.2d 451
Minn. 1999
“[I]n order to prejudice the substantial rights of the defendant, it must be shown that the amendment either added or charged a different offense.”
- State v. Guerra 562 N.W.2d 10 Minn. Ct. App. 1997
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State v. Guerra
562 N.W.2d 10
Minn. Ct. App. 1997
(date of alleged offense is not ordinarily essential element; therefore amendment to date does not usually constitute “different offense”); (amendment that places extra burden on defendant, even though alleging same behavior, constitutes “d
- State v. Ostrem 535 N.W.2d 916 Minn. 1995
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State v. Ostrem
535 N.W.2d 916
Minn. 1995
17.05 is in the sound discretion of the trial judge.”
- State v. Ostrem 520 N.W.2d 426 Minn. Ct. App. 1994
- State v. Bluhm 457 N.W.2d 256 Minn. Ct. App. 1990
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State v. Bluhm
457 N.W.2d 256
Minn. Ct. App. 1990
“[I]n order to prejudice the substantial rights of the defendant, it must be shown that the amendment either added or charged a different offense.”
- State v. Kramer 441 N.W.2d 502 Minn. Ct. App. 1989
- State v. Kramer 441 N.W.2d 502 Minn. Ct. App. 1989
- Ruberg v. State 428 N.W.2d 488 Minn. Ct. App. 1988
- State v. Favre 428 N.W.2d 828 Minn. Ct. App. 1988
- Ruberg v. State 428 N.W.2d 488 Minn. Ct. App. 1988
- State v. Favre 428 N.W.2d 828 Minn. Ct. App. 1988
- State v. Shamp 422 N.W.2d 520 Minn. Ct. App. 1988
- State v. Shamp 422 N.W.2d 520 Minn. Ct. App. 1988
- State v. Stephani 369 N.W.2d 540 Minn. Ct. App. 1985
- State v. Stephani 369 N.W.2d 540 Minn. Ct. App. 1985
- State v. Manley 353 N.W.2d 649 Minn. Ct. App. 1984
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State v. Manley
353 N.W.2d 649
Minn. Ct. App. 1984
Although no definition of different offense is found in Minnesota law, provides insight.
- Wensman v. State 342 N.W.2d 150 Minn. 1984
- Wensman v. State 342 N.W.2d 150 Minn. 1984