Cited by

Opinions in Minnesota that cite State of Minnesota v. Timothy John Bakken, 883 N.W.2d 264.

146 citing documents.

  • State of Minnesota, Respondent, Minn. Ct. App. 2023
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    With respect to unity of time and place, we are guided by the principle that, “[a]lthough a crime of possession is a continuing offense, it is complete when the offender takes possession of the prohibited item.” State v. Bakken , (citation omitted).
  • Tyler Douglas Flantz, petitioner, Appellant, Minn. Ct. App. 2022
    constitutional provisions against double jeopardy” and “encompasses [an] appellant’s constitutional double jeopardy protections.” (quotation omitted) , aff’d, .
  • State of Minnesota, Minn. 2022
    In particular, whether the Double Jeopardy Clause permits the State to simultaneously charge a defendant with numerous violations of the same statutory provision depends on the statute’s “unit of prosecution.” Sanabria , 437 U.S. at 69–70 (quoting United States v. Universal C. I. T. Credit Corp., 344 U.S. 218, 221 (1952) (citation omitted); (same).
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    “Determining whether multiple offenses are part of a single behavioral incident is not a ‘mechanical’ exercise, but rather requires an examination of all the facts and circumstances.” ().
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    Thus, the law “prohibits multiple sentences, even concurrent sentences, for two or more offenses that 5 were committed as part of a single behavioral incident.”
  • Joshua Stuart Vossen, Appellant, Minn. Ct. App. 2022
    This 7 determination “is not a ‘mechanical’ exercise, but rather requires an examination of all the facts and circumstances.” (citation omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    “Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • Minn. 2022
    The first step in the process is to determine whether “the words of a statute in their application to an existing situation are clear and free from all ambiguity.” d 264, 267–68 (Minn. 2016).
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    “Whether the offenses were part of a 17 single behavioral incident is a mixed question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
    The state has “the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.” State v. Bakken
  • In the Matter of the Welfare of: N. R. C.-A., Child. Minn. Ct. App. 2021
    See State v. Bakken , (discussing provisions of subdivision 4(a) when describing conduct that is criminalized by section 617.247); (same).
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
    Whether “offenses occurred as part of a singl e course of conduct is a mixed question of law and fact.” (quotation omitted).1 When an issue presents a mixed question of law and fact, we will “review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • Eric Reetz, Minn. 2021
    We therefore look to the whole phrase to interpret section 466.07 “to harmonize and give effect to all its parts, presuming that the Legislature intended the entire statute to be effective and certain.” (citation omitted) (internal quotation marks omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
    see Krech, d at 272 (stating that the central issue is “whether the conduct underl ying the multiple offenses was unitary or divisible”) .
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
    If there are two intentional crimes, “we determine whether the crimes were part of a single behavioral incident by consider ing (1) whether the offenses occurred at substantially the same time and place, and (2 ) whether the conduct was motivated by an 5 effort to obtain a single criminal objective.” (citations and quotations omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    “The State bears the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.” State v. Bakken
  • A19-1493 Minn. Ct. App. 2020
    “The State bears the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    “Whether the offenses were part of a single behavioral incident is a mixe d question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    “[W]e determine whether the crimes were part of a single behavioral incident by considering (1) whether the offenses occurred at substantially the same time and place, and (2) whether the conduct was motivated by an effort to obtain a single criminal objec tive.” (citations and quotations omitted) .
  • Lorenzo Damien Brewer, petitioner, Appellant, Minn. Ct. App. 2020
    Section 609.035 prohibits multiple sentences for offenses that arise from a “single behavioral incident.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
  • Save Lake Calhoun, Minn. 2020
  • Rhonda Renee Jones, petitioner, Appellant, Minn. Ct. App. 2020
    (“Generally, litigants are bound on appeal by the theory or theories upon which the action was actually tried below, and an appellate court will not consider matters not argued to and considered by the district court.” (citation omitted)), aff’d
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    offenses were part of a single behavioral incident is a mixed question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • State of Minnesota, Minn. 2020
    ” d 623, 627 (Minn. 2018) ().
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
  • Minn. 2020
    When a district court imposes multiple sentences, “[t]he State bears the burden of proving, by a preponderance of the evidence, that a defendant’s offenses were not part of a single behavioral incident.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    “Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so [appellate courts] review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
  • A18-1655 Minn. Ct. App. 2019
    When the offenses at issue are intentional crimes, as they are here, we analyze “(1) whether the offenses occurred at substantially the same time and place, and (2) whether the conduct was motivated by an effort to obtain a single criminal objective.” (quotation and citation omitted).
  • Marcus Kendrick Jones, petitioner, Appellant, Minn. Ct. App. 2019
    Jones argues that he received ineffective assistance of counsel during his first postconviction petition.
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    If all offenses at issue are intentional crimes, “we determine whether the crimes were part of a single behavioral incident by considering (1) whether the offenses occurred at substantially the same time and place, and (2) whether the conduct was motivated by an effort to obtain a single 12 criminal objective.” (citations and quotations omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    “Thus, the law generally prohibits m ultiple sentences, even concurrent sentences, for two or more offenses that were committed as part of a single behavioral incident.” (quotation omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    The fact a defendant committed “multiple crimes over time for the same criminal objective 15 does not mean that he committed those crimes to attain a single criminal objective.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    1 (2018); see also State v. Bakken , aff’d
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    When the crimes at issue contain an intent element, as is the case here, we 4 determine whether the crimes were part of a single behavioral incident by considering whether they “occurred at substantially the same time and place,” and “whether the conduct was motivated by an effort to obtain a single criminal objective.” 272 (Minn. 2016) (quotations omitted) (concluding district court did not err in sentencing on multiple possession-of-child-pornography convictions).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    “Whether the offenses were part of a single behavioral incident i s a mixed question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    “Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so we review the district court’s findings of fact for clear error and its application of the law to those facts de novo.” d 264, 270 (Minn. 2016).
  • Matter of Welfare of A. J. B. 929 N.W.2d 840 Minn. 2019
  • Matter of Welfare of A. J. B. 929 N.W.2d 840 Minn. 2019
    State v. Bakken , , 270 (Minn. 2016).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    “Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so [appellate courts] review 11 the district court’s findings of fact for clear error and its a pplication of the law to those facts de novo.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    Whether offenses are part of the same behavioral incident is a mixed question of law and fact—appellate courts “review the district court’s findings of fact for clear error and its application of the law to those facts de novo.”
  • State v. Rogers 925 N.W.2d 1 Minn. 2019
  • State v. Rogers 925 N.W.2d 1 Minn. 2019
    State v. Bakken , , 267 (Minn. 2016).