Cited by
Opinions in Minnesota that cite State v. Vance, 734 N.W.2d 650.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2024
n.8 (Minn. 2007) (“Although the harmless error standard differs from the plain error standard, both the harmless error standard and the third prong of the plain error test consider whether the error contributed to the verdict.”).
- State of Minnesota v. Timothy Lee Heller Minn. 2024
-
State of Minnesota v. Timothy Lee Heller
Minn. 2024
An error is plain if it is “clear or obvious,” (citation omitted) (internal quotation marks omitted), meaning the error “contravenes case law, a rule, or a standard of conduct.”
- State of Minnesota v. Lisa Dawn Oliver Minn. Ct. App. 2024
-
State of Minnesota v. Lisa Dawn Oliver
Minn. Ct. App. 2024
“[A]ssault statutes do not require a finding by the jury that the defendant intended to cause a specific level of harm.” overruled on other grounds by Fleck, d at 311-12, d.
- State of Minnesota v. Raymond Allen Torgerson Minn. Ct. App. 2024
-
State of Minnesota v. Raymond Allen Torgerson
Minn. Ct. App. 2024
“[F]ailure to properly instruct the jury on all elements of the offense charged is plain error.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2023
26 “[A]ssault statutes do not require a finding by the jury that a defendant intended to cause a specific level of harm.” overruled on other grounds by Fleck
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
Likewise, “failure to properly instruct the jury on all elements of the offense charged is plain error.” State v. Vance , d 650, 658 (Minn. 2007), overruled on other grounds by State v. Fleck
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
A district court has “‘considerable latitude’ in selecting language for jury instructions.” State v. Gatson , (
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
see also State v. Vance , -55 (Minn. 2007), overruled on other grounds by State v. Fleck
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
-59 (Minn. 2007), overruled on other grounds by Fleck, d at 311 (rejecting Vance’s discussion of specific- and general-intent crimes).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
erroneous instructions and [by a] verdict based on those instructions.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Specific intent means that the defendant acted with the intent to produce a specific result, whereas general intent means only that the defendant intentionally engaged in prohibited conduct.” (emphasis omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
District courts are given “considerable latitude in choosing jury instructions.” (internal quotation marks omitted).
-
Berry Alan Willis, petitioner, Appellant,
Minn. Ct. App. 2018
-661 (Minn. 2007), see also Neder v. United States, 527 U.S. 1, 16, 119 S. Ct. 1827, 1837 (1999) (concluding that the omission of the element of “materiality” from jury consideration is subject to harmless-error analysis, and that the o
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
The third prong is satisfied if there is a “reasonable likelihood that the error had a significant effect on the jury’s verdict.” n.8 (Minn. 2007)
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
To accomplish those goals, “jury instructions must define the crime charged and explain the elements of the offense to the jury.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
The third prong is satisfied if there is a “reasonable likelihood that the error had a significant effect on the jury’s verdict.” n.8 (Minn. 2007), overruled on other grounds by State v. Fleck
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
But failure to object will not preclude appellate review if the instructions constitute plain error affecting substantial rights or an error of fundamental law.” State v. Vance , -55 (Minn. 2007) (citation omitted)
- State of Minnesota v. Ira Dell Sholar Minn. Ct. App. 2017
-
State of Minnesota v. Ira Dell Sholar
Minn. Ct. App. 2017
Appellant satisfies this prong of the analysis if he shows that “there is a reasonable likelihood that the error had a significant effect on the [district court’s] verdict.”
- State of Minnesota v. Lionel Curtis Drew 889 N.W.2d 323 Minn. Ct. App. 2017
-
State of Minnesota v. Lionel Curtis Drew
889 N.W.2d 323
Minn. Ct. App. 2017
The third prong of the plain-error test is satisfied if there is a “reasonable likelihood that the error had a significant effect on the jury’s verdict.” 11 n.8 (Minn. 2007)
- State of Minnesota v. Laco Knockola West Minn. Ct. App. 2016
- State of Minnesota v. Laco Knockola West Minn. Ct. App. 2016
- State of Minnesota v. Erick Larkins Minn. Ct. App. 2016
-
State of Minnesota v. Erick Larkins
Minn. Ct. App. 2016
“If the three prongs of the plain error test are met, [the appellate court] may reverse if [it] conclude[s] that reversal is required to ensure fairness and the integrity of the judicial proceedings.”
- State of Minnesota v. Demetreus Anthony McGinnis Minn. Ct. App. 2016
-
State of Minnesota v. Demetreus Anthony McGinnis
Minn. Ct. App. 2016
Moreover, plain error affects substantial rights if there is a “reasonable likelihood that the error had a significant effect on the jury’s verdict.” n.8 (Minn. 2007).
- State of Minnesota v. James Lamar Davis Minn. Ct. App. 2016
- State of Minnesota v. James Lamar Davis Minn. Ct. App. 2016
- State of Minnesota v. Mark Anthony Givins Minn. Ct. App. 2016
- State of Minnesota v. Mark Anthony Givins Minn. Ct. App. 2016
- State of Minnesota v. Amanda Lea Peltier 874 N.W.2d 792 Minn. 2016
-
State of Minnesota v. Amanda Lea Peltier
874 N.W.2d 792
Minn. 2016
d 650, 658 (Minn. 2007) (-17 (Minn. 2002)); Mahkuk, d at 682.
- State of Minnesota v. Kevin Charles Owens Minn. Ct. App. 2016
-
State of Minnesota v. Kevin Charles Owens
Minn. Ct. App. 2016
-59 (Minn. 2007) (stating that “jury instructions must include all elements of the offense” and that failure to instruct the jury on an element of an offense is error that is plain)
- State of Minnesota v. Cedric Chappell, Jr. Minn. Ct. App. 2016
- State of Minnesota v. Cedric Chappell, Jr. Minn. Ct. App. 2016
- State of Minnesota v. Pierre Scott Glass Minn. Ct. App. 2015
-
State of Minnesota v. Pierre Scott Glass
Minn. Ct. App. 2015
Noting that Glass did not object to the instruction, the state argues that we should not entertain Glass’s “unpreserved policy argument.” “Failure to object to jury instructions before they are given generally constitutes a forfeiture of the right to an appeal based on those instructions.” d 303, 311–12 (Minn. 2012).
- State of Minnesota v. Timothy John Bakken Minn. Ct. App. 2015
-
State of Minnesota v. Timothy John Bakken
Minn. Ct. App. 2015
“[F]ailure to properly instruct the jury on all elements of the offense charged is plain error.”
- State of Minnesota v. Cory Cork Ryden Minn. Ct. App. 2015
-
State of Minnesota v. Cory Cork Ryden
Minn. Ct. App. 2015
“Plain 9 error” is “clear error affecting substantial rights that resulted in a miscarriage of justice.” (quotation omitted).
- State of Minnesota v. Trevon Fuller Minn. Ct. App. 2015
-
State of Minnesota v. Trevon Fuller
Minn. Ct. App. 2015
“[F]ailure to properly instruct the jury on all elements of the offense charged is plain error.”
- State of Minnesota v. Gregory Antoine Davis 864 N.W.2d 171 Minn. 2015