Cited by

Opinions in Minnesota that cite State v. Infante, 796 N.W.2d 349.

32 citing documents.

  • State of Minnesota v. Tracey Dee Keyes Minn. 2026
  • Donavon Dexter Boone v. State of Minnesota Minn. Ct. App. 2026
    d 349, 356–57 (Minn. App. 2011), rev. denied (Minn. June 28, 2011).
  • State of Minnesota v. Gregory Ivan Shines Minn. Ct. App. 2024
    “A single behavioral incident is the result of a single motivation directed towards a single criminal goal.” State v. Infante , (), rev. denied (Minn. June 28, 2011); (where the defendant’s actions in obstructing-legal-process case were part of a “single behavioral incident,” jury was not required to unani
  • State of Minnesota v. Tracey Dee Keyes Minn. Ct. App. 2024
  • State of Minnesota v. Mitchell Gary Johannessohn Minn. Ct. App. 2024
    -57 (Minn. App. 2011) (noting that while the concept of single-behavioral incident is generally employed in the sentencing context, the Minnesota Supreme Court has also used the concept in the context of jury-unanimity arguments).
  • State of Minnesota v. Omar Abubakar Maani Minn. Ct. App. 2024
  • State of Minnesota v. Omar Abubakar Maani Minn. Ct. App. 2024
    ed by any of three different means”—“taking any action with intent to cause fear in another of immediate bodily harm or death, intentionally inflicting bodily harm upon another, or attempting to inflict bodily harm upon another”— we have straightforwardly defined the elements of second-degree assault with a dangerous weapon as: “(1) assault; and (2) with a dangerous weapon.” d 349, 358 (Minn. App. 2011) (citing Minn. Stat. §§ 609.02, subd.
  • State of Minnesota v. Elvis Joko Porte Minn. Ct. App. 2023
  • State of Minnesota v. Michael Douglas Capshaw Minn. Ct. App. 2022
    However, “[t]he jury need not unanimously agree on each element’s underlying facts.” (concluding that the district court did not err when it did not give a specific-unanimity instruction requiring the jury to agree as to which of the defendant’s actions constituted assault), rev. denied (Minn. 8 June 28, 2011); see Schad v. Arizona, 501 U.S. 624, 632 (1991) (plurality opinio
  • State of Minnesota v. Kevin John LeClair Minn. Ct. App. 2022
    “ A single behavioral incident is the result of a single motivation directed towards a single criminal goal.” -57 (Minn. App. 2011) (holding that two acts of assault that occurred over a short time period, for the purpose of a “single criminal goal,” were a single behavioral incident); see, e.g., Dalbec, d at 512-13 (holding that no specific-unanimity instruction was required when a defendant committed multip
  • Robert Alan Keogh v. State of Minnesota Minn. Ct. App. 2022
    Although a party usually must preserve a challenge to jury instructions by objecting to them before they are given, we “may consider plain error not brought to the district court’s attention if the error affects substantial rights.” (citing State v. Pendleton , (citing Minn. R. Crim.
  • State of Minnesota v. Tywan Rulford Minn. Ct. App. 2021
    See, -57 (Minn. App. 2011) (dis tinguishing Stempf and holding that a unanimity instruction is not required when two alleged acts are part of same incident).
  • State of Minnesota v. Richard Lanell Adams Minn. Ct. App. 2020
  • State of Minnesota v. Gary Christopher Petersen Minn. Ct. App. 2019
    at 45, 104 S. Ct. at 2215; Fageroos, d at 200, 202-03
  • State of Minnesota v. Jarrett Thomas Hill Minn. Ct. App. 2019
    –57 (Minn. App. 2011) (distinguishing Stempf and 6 not requiring unanimity instruction in assault trial where the two alleged actions were part of the same behavioral incident rather than two independent acts constituting separate crimes).
  • State of Minnesota v. Joshua John Blanchard Minn. Ct. App. 2018
    See, e.g, -34 (Minn. 2014); State v. Infante , -57 (Minn. App. 2011) .
  • State of Minnesota v. Christian Anthony Schutz Minn. Ct. App. 2018
    (holding that actions that constitute a means of committing an element of a crime, rather than two distinct instances of an element of the crime itself do not require a specific unanimity instruction).
  • State of Minnesota v. Lenny Paul Bissell Minn. Ct. App. 2018
    (quoting Richardson v. United States , 526 U.S. 813, 817, 119 S. Ct. 1707, 1710 (1999)).
  • State of Minnesota v. Jeremy Michael Kuchenbecker Minn. Ct. App. 2018
    (holding that jury instructions need not include a unanimity instruction because the defendant’s different acts “were committed as part of a single behavioral incident”).
  • State of Minnesota v. Daniel Howard Stanke Minn. Ct. App. 2018
  • State of Minnesota v. Sarah Mae Dillon Minn. Ct. App. 2018
    -57 (Minn. App. 2011) (distinguishing Stempf on ground that defendant was alleged to have engaged in single behavioral incident); (concluding that right to unanimous verdict was not violated because appellant threatened both wife and husband), review denied
  • State of Minnesota v. Dustin Ried Purinton Minn. Ct. App. 2017
    State v. Infante , -57 (Minn. App. 2011).
  • State of Minnesota v. Donald Leland Quick Minn. Ct. App. 2017
    Stated somewhat differently, “the jury need not unanimously agree on each element’s underlying facts so long as the differing factual circumstances show ‘equivalent blameworthiness or culpability.’” (), review denied (Minn. June 28, 2011).
  • State of Minnesota v. Benjamin Charles Tabaka Minn. Ct. App. 2017
  • State of Minnesota v. Euric Ards Minn. Ct. App. 2016
  • State of Minnesota v. Euric Ards Minn. Ct. App. 2016
    -57 (Minn. App. 2011); see Dalbec, d at 509-10 (holding district court did not err by failing to give unanimity instruction when defendant was charged with one count of assault for acts occurring over a 24–hour period).
  • State of Minnesota v. Laco Knockola West Minn. Ct. App. 2016
  • State of Minnesota v. Laco Knockola West Minn. Ct. App. 2016
    The OFP prohibited West from contacting A.L. by phone or “any other means.” “[T]he two acts in Stempf were elements of the crime, whereas [appellant’s] actions in this case were mere means for accomplishing an element.”
  • State of Minnesota v. Steven Henrey Gonzales Minn. Ct. App. 2016
  • State of Minnesota v. Steven Henrey Gonzales Minn. Ct. App. 2016
  • State v. Hicks 837 N.W.2d 51 Minn. Ct. App. 2013
  • State v. Hicks 837 N.W.2d 51 Minn. Ct. App. 2013
    uring jury instructions); Bobo, d at 139 (discussing closure during a witness’s second testimony); Mahkuk, d at 683-85 (removal of gang members from courtroom during lay-witness testimony); Lindsey, d at 660-62 (discussing exclusion of two minors from the entire trial); Fageroos, d at 201 (discussing closure during testimony of two witnesses); (excluding defendant’s sister and child during closing arguments); (discussing closure during sentencing hearing).