Cited by
Opinions in Minnesota that cite State of Minnesota v. Christopher Thomas Wenthe, 865 N.W.2d 293.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
(applying plain-error review i n the context of a challenge to the lack of a specific unanimity instruction).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State v. Wood 922 N.W.2d 209 Minn. Ct. App. 2019
-
State v. Wood
922 N.W.2d 209
Minn. Ct. App. 2019
604-08 (Minn. 2017) ; In re Dakota County , , 911-13 (Minn. 2015) ; State v. Wenthe , , 303 (Minn. 2015) ; Occhino , d at 359-61 ; In re Robledo , , 69 (Minn. App. 2000).
- State v. Jones 921 N.W.2d 774 Minn. Ct. App. 2018
-
State v. Jones
921 N.W.2d 774
Minn. Ct. App. 2018
See State v. Wenthe , , 302 (Minn. 2015) ("[W]e have generally declined to imply mens rea when the statute does not otherwise result in strict liability.").
-
A17-1841
Minn. Ct. App. 2018
d 293, 302 (Minn. 2015) (“[W]e have generally declined to imply mens rea when the statute does not otherwise result in strict liability.”).
- State v. Ortega-Rodriguez 920 N.W.2d 642 Minn. 2018
-
State v. Ortega-Rodriguez
920 N.W.2d 642
Minn. 2018
See State v. Wenthe , , 303 (Minn. 2015) (citing Morton Bldgs., Inc. v. Comm'r of Revenue , , 259 (Minn. 1992) ) (considering a statute's structure as part of statutory interpretation).
- , A17-1672 Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
“An error affects a defendant’s substantial 5 rights if the error was prejudicial and affected the outco me of the case.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
“A violation of a criminal defendant’s constitutional rights necessitates a new trial unless the violation was harmless beyond a reasonable doubt.” State v. Wenthe , (quotation omitted).
- State v. Holloway 916 N.W.2d 338 Minn. 2018
-
State v. Holloway
916 N.W.2d 338
Minn. 2018
First, the court relied on State v. Wenthe , to conclude that the statutes did not unconstitutionally impose strict liability.
-
A17-1552
Minn. Ct. App. 2018
(articulating the principle that it is not the function of a reviewing court to “supply that which the legisl ature purposely omits or ina dvertently overlooks”).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
In the Matter of: Tracy Elizabeth Thompson and o/b/o Minor Child,
Minn. 2018
(“[C]ourts cannot supply that which the legislature purposely omits or inadvertently overlooks.” (quoting Wallace v. Comm’r of Taxation, )).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
We review evidentiary rulings for an abuse of discretion, “even when a constitutional violation is alleged.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
d 293, 306 (Minn. 2015 ).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
Appellant “bears the heavy burden of proving prejudice.” State v. Wenthe , (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Evidentiary rulings are reviewed for an abuse of discretion, even when a constitutional violation is alleged.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
299 (Minn. 2015) (quotation omitted) , cert.
- State v. Schoenrock 899 N.W.2d 462 Minn. 2017
- State v. Schoenrock 899 N.W.2d 462 Minn. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The de fendant bears the heavy burden of proving prejudice.” State v. Wenthe , (quotation omitted), cert.
- State of Minnesota, Respondent, Minn. Ct. App. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
Generally, “[i]n a prosecution for criminal sexual conduct, ‘evidence of the victim's previous sexual conduct shall not be admitted nor shall any reference to such co nduct be made in the presence of the jury.’ ” (quoting Minn. Stat. § 609.347, subd.
- State of Minnesota, Respondent, Minn. Ct. App. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Denial of a requested jury instruction is reviewed for abuse of discretion.” cert.
- State of Minnesota, Respondent, Minn. Ct. App. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
“In other words, there must be a reasonable likelihood that the giving of the instruction in question would have had a significant effect on the verdict of the jury.” (quotation omitted).
- State v. S.A.M. 891 N.W.2d 602 Minn. 2017
- State v. S.A.M. 891 N.W.2d 602 Minn. 2017
- State of Minnesota v. Kong Pheng Vue Minn. Ct. App. 2017
- State of Minnesota v. Kong Pheng Vue Minn. Ct. App. 2017
- State of Minnesota v. Alie Christine Theodore Dorn 887 N.W.2d 826 Minn. 2016
-
State of Minnesota v. Alie Christine Theodore Dorn
887 N.W.2d 826
Minn. 2016
d 293, 301 n.2, 303 (Minn. 2015) (holding that the clergy sexual conduct statute requires general intent and does not impose strict liability because the act of sexual penetration must be intentional).
- State of Minnesota v. Ian Blair Lindemyer Minn. Ct. App. 2016
- State of Minnesota v. Ian Blair Lindemyer Minn. Ct. App. 2016
- State of Minnesota v. Charles Wesley Jones Minn. Ct. App. 2016
-
State of Minnesota v. Charles Wesley Jones
Minn. Ct. App. 2016
(applying plain-error test where defendant did not request a specific unanimity instruction).
- David Anthony Janssen v. Commissioner of Public Safety 884 N.W.2d 424 Minn. Ct. App. 2016
-
David Anthony Janssen v. Commissioner of Public Safety
884 N.W.2d 424
Minn. Ct. App. 2016
alid and reliable and were the test 4 results accurately evaluated?” became “Was the testing method used valid and reliable and, for test results of 0.08 or less, were the test results accurately evaluated?” But a court’s reading of a statute may not “supply that which the legislature purposely omits or inadvertently overlooks.” (quotation omitted).
- State of Minnesota v. Michael Anthony Clark Minn. Ct. App. 2016
-
State of Minnesota v. Michael Anthony Clark
Minn. Ct. App. 2016
“Evidentiary rulings are reviewed for an abuse of discretion, even when a constitutional violation is alleged.”