Cited by
Opinions in Minnesota that cite State v. Bussmann, 741 N.W.2d 79.
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
The void-for-vagueness doctrine requires that a statute be defined “with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” (quotation omitted); see also BFI Waste Sys.
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In the Matter of the Welfare of: N. R. C.-A., Child.
Minn. Ct. App. 2021
This type of challenge “argues that the statute is unconstitutional as applied to the individual’s conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“The void-for-vagueness doctrine requires that ‘a penal statute define the criminal offense with su fficient definiteness that ordinary people can understand what conduct is pr ohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.’” State v. Bussmann , (quoting Kolender v. Lawson, 461 U.S. 352, 357, 103 S. Ct. 1855, 1858 (1983)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“The void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” (quotation omitted).
- In the Matter of Virginia Marie Carlson, Unlicensed. Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
4 “The void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” State v. Bussman
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Minnesota Center for Environmental Advocacy, et al., Petitioners,
Minn. Ct. App. 2019
With respect to undefined terms, we observe that “due process 23 requirements are satisfied by specifying standards of conduct in terms that have acquired meaning involving reasonably definite standards either according to the common law or by long and general usage.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- In re A.J.B. 910 N.W.2d 491 Minn. Ct. App. 2018
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In re A.J.B.
910 N.W.2d 491
Minn. Ct. App. 2018
State v. Bussmann , , 82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“The void-for-vagueness doctrine re quires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand 4 what conduct is prohibited and in a manne r that does not encourage arbitrary and discriminatory enforcement.” State v. Bussmann , (citation and quotation omitted).
- In the Matter of Unity Health Care, Class F Home License No. 352187 and Unity Home Care, Inc., … Minn. Ct. App. 2017
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In the Matter of Unity Health Care, Class F Home License No. 352187 and Unity Home Care, Inc., …
Minn. Ct. App. 2017
14, 1995), leaving enforcers “free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case,”
- State of Minnesota v. Emile Rey 890 N.W.2d 135 Minn. Ct. App. 2017
- State of Minnesota v. Kim Marie Halvorson Minn. Ct. App. 2017
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State of Minnesota v. Kim Marie Halvorson
Minn. Ct. App. 2017
The void-for- vagueness doctrine “requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” (quotation omitted).
- State of Minnesota v. Emile Rey 890 N.W.2d 135 Minn. Ct. App. 2017
- State of Minnesota v. Donald Joseph Hall, Jr. 887 N.W.2d 847 Minn. Ct. App. 2016
- State of Minnesota v. Donald Joseph Hall, Jr. 887 N.W.2d 847 Minn. Ct. App. 2016
- State of Minnesota v. David Ernest Osorio 872 N.W.2d 547 Minn. Ct. App. 2015
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State of Minnesota v. David Ernest Osorio
872 N.W.2d 547
Minn. Ct. App. 2015
(stating that “[c]onstitutional challenges are questions of law”).
- State of Minnesota v. David Lee Haywood 869 N.W.2d 902 Minn. Ct. App. 2015
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State of Minnesota v. David Lee Haywood
869 N.W.2d 902
Minn. Ct. App. 2015
“The void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” (quotation omitted).
- State of Minnesota v. Christopher Thomas Wenthe 865 N.W.2d 293 Minn. 2015
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State of Minnesota v. Christopher Thomas Wenthe
865 N.W.2d 293
Minn. 2015
The court of appeals also concluded that a knowledge requirement would harmonize the clergy sexual conduct statute with “other provisions in section 609.344, which do not presume a vulnerable victim but require proof of the preexistence of a mental or emotional condition or that the actor uses deceptive conduct.” Wenthe III, d at 233 ( (Hanson, J.) (plurality opinion)).
- State of Minnesota v. Ann Adrion Schoch Minn. Ct. App. 2015
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State of Minnesota v. Ann Adrion Schoch
Minn. Ct. App. 2015
The void- for-vagueness doctrine, which arises under the federal and state due-process clauses, “requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” d 79, 83 (Minn. 2007) (quotation omitted).
- In re the Welfare of B.A.H. 845 N.W.2d 158 Minn. 2014
- In re the Welfare of B.A.H. 845 N.W.2d 158 Minn. 2014
- State v. Wenthe 845 N.W.2d 222 Minn. Ct. App. 2014
- State v. Carlson 845 N.W.2d 827 Minn. Ct. App. 2014
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State v. Wenthe
845 N.W.2d 222
Minn. Ct. App. 2014
See State v. Bussmann (Bussmann I), (discussing section 609.344, which generally criminalizes sexual penetration in various defined situations and removes consent as a defense in many of these situations).
- State v. Carlson 845 N.W.2d 827 Minn. Ct. App. 2014
- State v. Wenthe 839 N.W.2d 83 Minn. 2013
- State v. Wenthe 839 N.W.2d 83 Minn. 2013
- In re the Welfare of B.A.H. 829 N.W.2d 431 Minn. Ct. App. 2013
- In re the Welfare of B.A.H. 829 N.W.2d 431 Minn. Ct. App. 2013
- State v. McElroy 828 N.W.2d 741 Minn. Ct. App. 2013
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State v. McElroy
828 N.W.2d 741
Minn. Ct. App. 2013
“The void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” (quotation omitted).
- State v. Phipps 820 N.W.2d 282 Minn. Ct. App. 2012
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State v. Phipps
820 N.W.2d 282
Minn. Ct. App. 2012
“The void-for-vagueness doctrine requires that ‘a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.’ ” (quoting Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct.
- Nielsen v. 2003 Honda Accord 823 N.W.2d 347 Minn. Ct. App. 2012
- Nielsen v. 2003 Honda Accord 823 N.W.2d 347 Minn. Ct. App. 2012
- State v. Wendorf 814 N.W.2d 359 Minn. Ct. App. 2012
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State v. Wendorf
814 N.W.2d 359
Minn. Ct. App. 2012
“The void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” (quotation omitted).
- State v. Craig 807 N.W.2d 453 Minn. Ct. App. 2011
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State v. Craig
807 N.W.2d 453
Minn. Ct. App. 2011
Minnesota statutes are presumed constitutional, and an appellate court’s “power to declare a statute unconstitutional should be exercised with extreme caution and only when absolutely necessary.” (quotation omitted).
- State v. Crawley 789 N.W.2d 899 Minn. Ct. App. 2010
- State v. Crawley 789 N.W.2d 899 Minn. Ct. App. 2010