Cited by
Opinions in Minnesota that cite State v. Gunderson, 812 N.W.2d 156.
- State of Minnesota v. Alujonae Sherae Fowler Minn. Ct. App. 2026
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State of Minnesota v. Sharon Ann Schmalzriedt
Minn. Ct. App. 2026
State v. Gunderson , (quotation omitted).
- State of Minnesota v. Anthony Ralph Kodlowski Minn. Ct. App. 2026
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State of Minnesota v. Anthony Ralph Kodlowski
Minn. Ct. App. 2026
Circumstantial evidence of knowledge may include evidence that an individual was served with an order and that the terms of the order “clearly and unambiguously prohibit certain conduct.”
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State of Minnesota v. Letrell Marqueete Baggett
Minn. Ct. App. 2025
d 156, 159 (Minn. App. 2012).
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State of Minnesota v. Oscar Elias Padilla Jovel
Minn. Ct. App. 2025
But pattern instructions are “not precedential or binding” legal authority, State v. Gunderson , (quotation omitted), and Minn. Stat. § 609.342, subd.
- State of Minnesota v. Justin Daniel Okins Minn. Ct. App. 2025
- Carlos Heard v. State of Minnesota Minn. Ct. App. 2024
- Joel Armen Underwood, III v. State of Minnesota 8 N.W.3d 655 Minn. Ct. App. 2024
- Carlos Heard v. State of Minnesota Minn. Ct. App. 2024
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Joel Armen Underwood, III v. State of Minnesota
8 N.W.3d 655
Minn. Ct. App. 2024
5(a), required defendants to know that they were violating registration statute to be convicted); 8 (distinguishing felony and misdemeanor harassment-restraining-order violations based on additional requirement that felony offenders “knowingly violate[]” existing restraining orders).
- State of Minnesota v. Devon Griffin Seivers Minn. Ct. App. 2024
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State of Minnesota v. Devon Griffin Seivers
Minn. Ct. App. 2024
–64 (Minn. App. 2012); see also Minn. R. Crim.
- State of Minnesota v. Carolina Zarate Minn. Ct. App. 2023
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State of Minnesota v. Leah Racquel Anderson
Minn. Ct. App. 2023
ree with Anderson’s interpretation that the phrase “knowingly expect the presence of a child” means “aware of or believed in the probable or anticipated presence of a child.” (defining knowingly as a derivative of “know,” which means “to perceive directly; grasp in mind with clarity or certainty” (quotation omitted)); -61 (Minn. App. 2012) (applying the Model Penal Code definition of “knowingly”); The American Heritage Dictionary of the English Language 623 (5th ed. 2011) (defi ning “expect” as
- State of Minnesota v. Abraham Palma Hernandez Minn. Ct. App. 2022
- State of Minnesota v. Scott Wade Ramey Minn. Ct. App. 2022
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State of Minnesota v. Cayla Jean Sandven
Minn. Ct. App. 2021
(“[P]roof of knowledge may be by circumstantial evidence.”) ( (internal quotations omitted)).
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Ronald Lee Schlangen v. State of Minnesota
Minn. Ct. App. 2021
3 When considering whether someone’s substantial rights were implicated, we consider fact ors such as the strength of the evidence against the defendant, the perv asiveness of the improper behavior, and whether the defendant had an opportunity to rebut the improper suggestions.
- State of Minnesota v. Chase Michael Schwendeman Minn. Ct. App. 2021
- State of Minnesota v. Marcus Dupree Jamison Minn. Ct. App. 2021
- State of Minnesota v. Scott Wendlin Linderman Minn. Ct. App. 2021
- State of Minnesota v. Bruce Edward Canady Minn. Ct. App. 2021
- State of Minnesota v. Tywan Rulford Minn. Ct. App. 2021
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State of Minnesota v. Michael Allen Boisjolie
Minn. Ct. App. 2020
Knowledge may be proved by circumstantial evidence “ that an individual was served with ” a protective order with terms “clearly and unambiguously prohibit [ing] certain conduct.”
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State of Minnesota v. Jeffrey Alan Korolchuk
Minn. Ct. App. 2020
Unobjected -to jury instructions are reviewed by appellate courts for “plain error affecting substantial rights or an error of fundamental law.” State v. Gunderson , (quotation omitted).
- State of Minnesota v. Richard Lanell Adams Minn. Ct. App. 2020
- State of Minnesota v. Juanel Anthony Mikulak Minn. Ct. App. 2020
- State of Minnesota v. Shawn William Lampi Minn. Ct. App. 2020
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State of Minnesota v. Rylan Dakota Andersen
Minn. Ct. App. 2020
which arose from a felony-level violation of an HRO, this court concluded th at the district court erred by not 12 instructing the jury on the “knowingly” element of th e offense.
- State of Minnesota v. Deon Dell Griffin Minn. Ct. App. 2020
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State of Minnesota v. Kenneth Raynold Sleen
Minn. Ct. App. 2020
State v. Gunderson , , 159 (Minn. App. 2012) .
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State of Minnesota v. Luis Alberto Muniz
Minn. Ct. App. 2018
Nonetheless, “a failure to object will not cause an appeal to fail if the instructions contain plain error affecting substantial rights or an error of fundamental law.” Id.; see also State v. Gunderson , (reviewing unobjected-to jury instructions for plain error).
- State of Minnesota v. Shane Scott Stone Minn. Ct. App. 2018
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Followed
State of Minnesota v. Clint Scott Bearce
Minn. Ct. App. 2017
State v. Taylor , (stating that pattern jury instructions are neither precedential nor binding).
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State of Minnesota v. Kevin Deshon Ellis
Minn. Ct. App. 2017
(reviewing unobjected-to instructions for plain error).
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State of Minnesota v. Ronald James Fairbanks
Minn. Ct. App. 2017
-30 (Minn. 2013) (discussing the phrase “knowingly violates this subdivisi on” as it relates to violation of the DANCO statute); -61 (Minn. App. 2012) (discussing the phrase “knowingly violates ” as it relates to violation of an HRO).
- State of Minnesota v. Chateram Prashad Minn. Ct. App. 2017
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State of Minnesota v. Benjamin Charles Tabaka
Minn. Ct. App. 2017
d 156, 159 (Minn. App. 2012) (reviewing unobjected-to jury instructions for plain error).
- State of Minnesota v. Justin Matthew King Minn. Ct. App. 2017
- State of Minnesota v. James Roland Bain Minn. Ct. App. 2017
- State of Minnesota v. James Roland Bain Minn. Ct. App. 2017
- State of Minnesota v. Euric Ards Minn. Ct. App. 2016
- State of Minnesota v. Kevin Charles Owens Minn. Ct. App. 2016
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State of Minnesota v. Euric Ards
Minn. Ct. App. 2016
(reviewing unobjected-to jury instructions for plain error).
- State of Minnesota v. Kevin Charles Owens Minn. Ct. App. 2016
- State of Minnesota v. Susan Patrice Long Minn. Ct. App. 2016
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State of Minnesota v. Susan Patrice Long
Minn. Ct. App. 2016
Nonetheless, “a failure to object will not cause an appeal to fail if the instructions contain plain error affecting substantial rights or an error of fundamental law.” Id.; (reviewing unobjected-to jury instructions for plain error).
- State of Minnesota v. Juanel Anthony Mikulak Minn. Ct. App. 2016
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State of Minnesota v. Juanel Anthony Mikulak
Minn. Ct. App. 2016
- 61 (Minn. App. 2012), Mikulak argues that, to prove a knowing violation of the statute, the state had to show not only that he knew that he was required to register, but that he also knew that his action, or inaction, violated the statute.