Cited by
Opinions in Minnesota that cite State v. Leake, 699 N.W.2d 312.
- In the Matter of the Welfare of: A. A. A., Child Minn. Ct. App. 2026
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State of Minnesota v. Nick Adam Schouviller
Minn. Ct. App. 2025
We are not persuaded otherwise by Schouviller’s rev’d d 312 (Minn. 2005).
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State of Minnesota v. Aren Franc Hatton
Minn. Ct. App. 2025
But if “the confinement or removal of the victim is completely incidental to the perpetration of a separate felony, it does not constitute kidnapping.”
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State of Minnesota v. Alexander Steven Jonas
Minn. Ct. App. 2024
But the supreme court has held that if “the confinement or removal of the victim is completely incidental to the perpetration of a separate felony, it does not constitute kidnapping.”
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State of Minnesota v. Joe Cecil Sistrunk
Minn. Ct. App. 2024
“The question of whether verdicts are legally inconsistent is a question of law, which we review de novo.”
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State of Minnesota v. Antoine Darnique Suggs
Minn. Ct. App. 2024
But prosecutors are prohibited from speculating in closing arguments about “events occurring at the time of the killing absent a factual basis in the record.”
- State of Minnesota v. Sheldon James Thompson Minn. 2024
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State of Minnesota v. Sheldon James Thompson
Minn. 2024
–43 (Minn. 1998); –800 (Minn. 2000); – 28 (Minn. 2005); –64 (Minn. 2009); Peltier, d at 803–05.
- State of Minnesota v. John Michael Ryan Minn. Ct. App. 2024
- State of Minnesota v. John Michael Ryan Minn. Ct. App. 2024
- Dakota County Anderson, J. ConState of Minnesota v. Gabriel Alfonso Sanchez Cruz Minn. 2023
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Dakota County Anderson, J. ConState of Minnesota v. Gabriel Alfonso Sanchez Cruz
Minn. 2023
Second, we analyze “whether ‘the circumstances proved are consistent with the hypothesis that the accused is guilty and inconsistent with any rational hypothesis other than guilt.’ ” d 204, 213 (Minn. 2020) ().
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State of Minnesota v. Chace Jeffrey Boggs
Minn. Ct. App. 2023
(holding that logical inconsistency—between a verdict of acquittal on one count and a verdict of guilty on another count—does not warrant new trial).
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State of Minnesota,
Minn. 2023
’ ” (d 312, 319 (Minn. 2005)).
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Richard Theodore Knoll v. State of Minnesota
Minn. Ct. App. 2023
“Nothing in the constitution requires consistent verdicts.” (citing United States v. Powell, 469 U.S. 57, 64-66 (1984)).
- State of Minnesota v. Jeramy John Wharton Minn. Ct. App. 2023
- State of Minnesota v. Earley Romero Blevins Minn. Ct. App. 2023
- State of Minnesota v. Gail Lynn Schauer Minn. Ct. App. 2023
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State of Minnesota v. Jamal Jackson
Minn. Ct. App. 2022
(stating that to determine whether third-degree criminal sexual conduct fulfilled requirement of using “force or violence,” district court must determine whether offense was “committed with force or violence—and not coercion alone”).
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State of Minnesota v. Christopher Lamar Johnson
Minn. Ct. App. 2022
“When reviewing a claim of evidentiary insufficiency, we view the evidence in the light most favorable to the verdict and assume that the factfinder disbelieved any testimony conflicting with that verdict.” State v. Leake
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State of Minnesota v. Carl Joseph Matusovic
Minn. Ct. App. 2022
Under that standard, “[t]he verdict will not be overturned if, giving due regard to the presumption of innocence and the prosecution ’s burden of proving guilt beyond a reasonable doubt, the [fact-finder] could reasonably have found the defendant guilty of the charged offense.”
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State of Minnesota v. Tibitha Nyamuoch Both
Minn. Ct. App. 2022
If a “case involves only logical inconsistencies—between a verdict of acquittal on one count and a verdict of guilty on another count—we hold that the verdicts are not legally inconsistent and [the defendant] is not entitled to a new trial.” ; see also State v. Salazar , No. A21 -1046, 202 0 WL 4517291 , at * 3 (Minn. App. Oct.
- Mary Kate Nguyen v. Drew Evans, Superintendent, Minnesota Bureau of Criminal Apprehension in his official capacity Minn. Ct. App. 2022
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State of Minnesota v. Cayla Jean Sandven
Minn. Ct. App. 2021
But because the record also contains circumstantial evidence and a defendant’s state of mind is “generally proven through circumstantial evidence,” see 7 we consider whether the circumstantial evidence is sufficient to sustain Sandven’s conviction.
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A20-1588
Minn. 2021
Minn. Stat. § 609.185(a)(1); see 13 n.10 (Minn. 2005) (explaining the elements of first-degree premeditated murder).
- Raymond Cortez Steward, Minn. 2020
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State of Minnesota,
Minn. 2020
We will not overturn a verdict “ if, giving due regard to the presumption o f innocence and the prosecution’s burden of proving guilt beyond a reasonable doubt, the jury could reasonably have found the defendant guilty of the charged offense.”
- State of Minnesota v. Eric Wilson Minn. Ct. App. 2020
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State of Minnesota,
Minn. 2020
Second, we consider whether “the circumstances proved are consistent with the hypothesis that the a ccused is guilty and inconsistent with any rational hypothesis other than guilt.” State v. Leake
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Dametrius Ratheal Adrian Moore v. State of Minnesota
Minn. Ct. App. 2020
(providing that parties may “argue reasonable inferences from the facts presented at trial”).
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State of Minnesota v. Brandon William Bierbrauer
Minn. Ct. App. 2020
Furthermore, the supreme court has noted that a sexual assault based on “coercion” is not the same as “force or violence.” (holding that third-degree sexual assault based on “coercion” was not the same as “force or violence” and thus did not qualify as a “heinous crime” under Minn. Stat. § 609.106, subd.
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State of Minnesota v. Peter Roy Byrnes
Minn. Ct. App. 2020
(noting previous 5 application of circumstantial standard to element of premeditation, despite direct evidence establishing other elements of offense) ().
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State of Minnesota v. Nathan Anthony Janish
Minn. Ct. App. 2019
ciency of the evidence, “[t]he verdict will not be overturned if, giving due regard to the presumption of i nnocence and the prosecution’s burden of proving guilt beyond a reasonable doubt , the [factfinder] could reasonably have found the defendant guilty of the charged offen se.” State v. Palmer, 803 (second alteration in original) ().
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Shawn Richard Burrington v. State of Minnesota
Minn. Ct. App. 2019
And if the confinement is “completely incidental to the perpetration of a separate felony, it does not constitute kidnapping.” rev’d
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State of Minnesota v. Jared Phillip Renner
Minn. Ct. App. 2019
“The plain language of the elements of the offense indicates that third-degree [CSC] can be committed by coercion alone, force alone, or both force and coercion.” –24 (Minn. 2005).
- State of Minnesota v. David Edward Williams, Jr. Minn. Ct. App. 2019
- In Re Charges Of Unprofessional Conduct 924 N.W.2d 266 Minn. 2019
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In Re Charges Of Unprofessional Conduct
924 N.W.2d 266
Minn. 2019
See State v. Leake , , 319 (Minn. 2005) (stating that a reviewing court considers the sufficiency of the evidence in light of the burden of proof in the proceeding below).
- State v. Stay 923 N.W.2d 355 Minn. Ct. App. 2019
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State v. Stay
923 N.W.2d 355
Minn. Ct. App. 2019
State v. Laine , , 435 (Minn. 2006) ; State v. Leake , , 326 (Minn. 2005).
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State of Minnesota v. Jose Ventura Hernandez Hernandez
Minn. Ct. App. 2019
force against A.M.B., but argues that it was incidental to his “goal of engag ing in sex.” Appellant’s argument is rooted in State v. Smith, which held that “where the confinement or removal of the victim is completely incidental to the perpetration of a separate felony, it does not 6 constitute kidnapping.”
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State of Minnesota v. Stephanie Rae Holdingeagle
Minn. Ct. App. 2018
The supreme court relied on its earlier decision in State v. Smith, which held, in the context of kidnapping, that “confinement or removal must be criminally significant in the sense of being more than merely incidental to the underlying crime in order to justify a separate criminal sentence.” overruled on other grounds by State v. Leake
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State of Minnesota v. Michael Paul Valentine Jaros
Minn. Ct. App. 2018
In making this argument, he relies on two kidnapping cases, overruled on other grounds by State v. Leake
- State v. Vasquez 912 N.W.2d 642 Minn. 2018
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State v. Vasquez
912 N.W.2d 642
Minn. 2018
See State v. Ortega , , 101 (Minn. 2012) (concluding that cleaning up and disposing of evidence were efforts to evade detection and supported a finding of premeditation); State v. Leake , , 321 (Minn. 2005) (concluding that burning evidence supported finding of premeditation); State v. Lodermeier , , 398 (Minn. 1995) (noting that a defendant's "words and actions before, during and after the killing" can support an inference of premeditation).
- State v. Petersen 910 N.W.2d 1 Minn. 2018
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State v. Petersen
910 N.W.2d 1
Minn. 2018
State v. Leake , , 319 (Minn. 2005) ; see also State v. Fleck , , 236 (Minn. 2010) ("The [factfinder] is in the best position to weigh credibility and thus determines which witnesses to believe and how much weight to give their testimony.").
- Antonio Xavier Daniels v. State of Minnesota Minn. Ct. App. 2018
- State v. Lopez 908 N.W.2d 334 Minn. 2018
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State v. Lopez
908 N.W.2d 334
Minn. 2018
" State v. Chavarria-Cruz , , 519 (Minn. 2013) (quoting State v. Leake , , 319 (Minn. 2005) ).