Cited by
Opinions in Minnesota that cite State v. Melchert-Dinkel, 844 N.W.2d 13.
- Minn. 2022
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State of Minnesota,
Minn. 2021
Ass’n, 564 U.S. 786, 799 (2011); see also State v. Melchert-Dinkel , (stating same).
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State of Minnesota,
Minn. 2021
See Webster’s Third New International Dictionary 747 (3d ed. 2002) (“to spur on”); The American Heritage Dictionary 606 (3d ed. 1992) (“[ t]o stimulate; spur”); (reasoning that the word “encourages,” in a different statute, “broadly include[s] speech that provides support or 9 rallies courage”).
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State of Minnesota,
Minn. 2020
5 “does not violate the First Amendment.” State v. Melchert-Dinkel
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Minn. 2020
State v. Melchert-Dinkel , see also State by Humphrey v. Casino Mktg.
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Minnesota Sands, LLC,
Minn. 2020
If the “local” restriction were invalid, we would not invalidate the entire ordinance, but would “attempt to retain as much of the original [ordinance] as possible while striking the portions that render the [ordinance] unconstitutional.” (noting that severance is permissible unless the remaining provisions are “incomplete” or “incapable of being executed in accordance with legislative intent”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“[T]he Supreme Court has long permitted some content-based restrictions in a few limited areas, in which speech is of such slight social value as a step to truth that any benefit that may be derived from it is clearly outweighed by the social interest in order and morality.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A statute’s offending language may be severed unless the “valid provisions” and the “void provisions” are “so essentially and inseparably connected,” or if the “remaining valid provisions, s tanding alone, are incomplete and are incapable of being executed in accordance with the legislative intent.”
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State of Minnesota, Appellant,
Minn. Ct. App. 2019
Appellate courts “attempt to retain as much of the original statute as possible while striking the portions that render the statute unconstitutional.”
- Matter of Welfare of A. J. B. 929 N.W.2d 840 Minn. 2019
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Matter of Welfare of A. J. B.
929 N.W.2d 840
Minn. 2019
State v. Melchert-Dinkel , , 24 (Minn. 2014) (quoting State v. Shattuck , , 143 (Minn. 2005) ).
- Back v. State 902 N.W.2d 23 Minn. 2017
- Linert v. MacDonald 901 N.W.2d 664 Minn. Ct. App. 2017
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Linert v. MacDonald
901 N.W.2d 664
Minn. Ct. App. 2017
abridging the freedom of speech.” (quoting U.S. Const, amend.
- 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
This court reviews constitutional challenges de novo, and the party challenging the statute bears the “burden of demonstrating beyond a reasonable doubt that the statute is unconstitutional.” Machholz, d at 419 (quotation omitted).
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State of Minnesota v. Final Exit Network, Inc.
889 N.W.2d 296
Minn. Ct. App. 2016
SYLLABUS The district court’s jury instructions on assisting another in taking the other’s life were not unconstitutionally overbroad under the First Amendment because the instructions followed the language of the Minnesota Supreme Court’s
- Danna Rochelle Back v. State of Minnesota 883 N.W.2d 614 Minn. Ct. App. 2016
- State of Minnesota v. Antonio Dion Washington-Davis 881 N.W.2d 531 Minn. 2016
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State of Minnesota v. Antonio Dion Washington-Davis
881 N.W.2d 531
Minn. 2016
8 The first step in an overbreadth analysis is to construe the challenged statute.
- State of Minnesota v. Krista Ann Muccio 881 N.W.2d 149 Minn. Ct. App. 2016
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State of Minnesota v. Krista Ann Muccio
881 N.W.2d 149
Minn. Ct. App. 2016
“We review the constitutionality of statutes de novo.”
- State of Minnesota v. Hobart Alvin Huffman Minn. Ct. App. 2016
- State of Minnesota v. Hobart Alvin Huffman Minn. Ct. App. 2016
- State of Minnesota v. William Francis Melchert-Dinkel Minn. Ct. App. 2015
- State of Minnesota v. William Francis Melchert-Dinkel Minn. Ct. App. 2015
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014