Cited by
Opinions in Minnesota that cite State of Minnesota v. Timothy John Bakken, 883 N.W.2d 264.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- A18-0659 Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
To determine whether the crimes were part of a single behaviora l incident, a court looks at (1) “whether the offenses occurred at substantially the same time [and place]” and (2) “whether they were motivated by an effort to obtain a single criminal objective.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See State v. Bakken , (stating that although posse ssion is a continuing offense, a possession crime is completed when the offender takes possession of the prohibited item).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
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 criminal objective.” (citations and quotations omitted).
- Munt v. State 920 N.W.2d 410 Minn. 2018
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Munt v. State
920 N.W.2d 410
Minn. 2018
See, e.g. , State v. Bakken , , 270-72 (Minn. 2016) ; State v. Cole , , 53 (Minn. 1996) ; State v. Norregaard , , 449 (Minn. 1986).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State v. Black 919 N.W.2d 704 Minn. Ct. App. 2018
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State v. Black
919 N.W.2d 704
Minn. Ct. App. 2018
State v. Bakken , , 270 (Minn. 2016).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(stating a possession crime, while continuous, “is complete when the offender takes possession of the prohibited item”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(stating a possession crime, while continuous, “is complete when the offender takes possession of the prohibited item”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
” d 264, 270 (Minn. 2016).
- State v. Barthman 917 N.W.2d 119 Minn. Ct. App. 2018
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State v. Barthman
917 N.W.2d 119
Minn. Ct. App. 2018
State v. Bakken , , 270 (Minn. 2016).
- State v. Decker 916 N.W.2d 385 Minn. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so [an appellate court] review [s] the district court’s findings of fact for clear error and its application of th e law to those facts de novo.” State v. Bakken
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State v. Washington 908 N.W.2d 601 Minn. 2018
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State v. Washington
908 N.W.2d 601
Minn. 2018
State v. Bakken , , 267 (Minn. 2016).
- State v. Winbush 912 N.W.2d 678 Minn. Ct. App. 2018
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State v. Winbush
912 N.W.2d 678
Minn. Ct. App. 2018
State v. Bakken , , 271 (Minn. 2016).
- In the Matter of the Welfare of: S. A., Child Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Subject to various exceptions, if a person’ s conduct constitutes mo re than one offense under the laws of this state, the person may be punished for only one of the offenses.” (quo ting Minn. Stat. § 609.035, subd.
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State of Minnesota,
Minn. 2018
In determining whether a statute is ambiguous, we also consider the statute as a whole “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).
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State of Minnesota,
Minn. 2018
“On” and “ab out” are separated by the disjunctive “or.” (stating that the word “or” “requir[es] that only one of the possible factual situations linked by the ‘or’ be present”); see also The American Heritage Dictionary of the English Language 1238 (5th ed. 2011) (defining “or” as “[u]sed to indicate an alternative”).
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In the Matter of: Tracy Elizabeth Thompson and o/b/o Minor Child,
Minn. 2018
“Or” is a disjunctive term, “requiring that only one of the possible factual situations linked by the ‘or’ be present.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State v. Thonesavanh 904 N.W.2d 432 Minn. 2017
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State v. Thonesavanh
904 N.W.2d 432
Minn. 2017
(“The word ‘or’ is typically read as disjunctive..,.”), .
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Compare State v. Bakken , –26 (Minn. App. 2015) (holding that collecting child pornography for “personal sexual gratification” was too broad a criminal 9 objective to be a single criminal act), aff’d, (M inn.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See State v. Bakken , –69 (Minn. 2016) (identifying that an offender may be prosecuted for either knowingly possessing computer containing child porno graphy, possessing images of child pornography, or both).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State v. Smith 899 N.W.2d 120 Minn. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This renders illegal “ both the possession of a pornographic work itself and the possession of a computer storing a pornographic work.” State v. Bakken
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Whether the offenses were part of a single behavioral incident is a mixed question of law and fact, so we review the district c ourt’s findings of fact for clear error and its application of the law to those facts de novo.” State v. Bakken
- State v. Sagataw 892 N.W.2d 47 Minn. Ct. App. 2017
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State v. Sagataw
892 N.W.2d 47
Minn. Ct. App. 2017
In interpreting a statute, we seek to “ascertain and effectuate the intention of the legislature.” Minn. Stat. § 645.16 (2014)
- State of Minnesota v. Alec Evert Adolfson Minn. Ct. App. 2017
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State of Minnesota v. Alec Evert Adolfson
Minn. Ct. App. 2017
Possession of a controlled substance is “a continuing offense” that “is complete when the offender takes possession of the prohibited item.”
- State of Minnesota v. Heath Jarrette Allen, III Minn. Ct. App. 2017
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State of Minnesota v. Heath Jarrette Allen, III
Minn. Ct. App. 2017
When all crimes at issue contain an intent element, they arise from a single behavioral incident if they (1) “occurred at substantially the same time and place” and (2) were “motivated by an effort to obtain a single criminal objective.” (quotations omitted).