Cited by
Opinions in Minnesota that cite Back v. State, 902 N.W.2d 23.
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Presbyterian Family Foundation, On Behalf of Solveig C. Berg, Respondent,
Minn. Ct. App. 2025
that have a substantial adverse effect or are intended to have a substantial adverse effect” (emphasis added)); (stating that use of the disjunctive “or” demonstrates the legislature intended to require only one of the multiple grounds listed); see also Dunham, d at 567 (explaining that harassment requires “objectively unreasonable conduct or intent on the part of the harasser” (emphasis added)).
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In the Matter of the Civil Commitment of: Nadezdha Dmitrieva.
Minn. Ct. App. 2025
17a(a)(1) (stating that a “substantial likelihood of physical harm to self or others” may be shown by “a failure to obtain necessary food, clothing, shelter, or medical care as a result of impairment” (emphasis added)); (explaining that, “[h]ad the [legislature’s] objective [in enacting a statute] been to require only one of .
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In the Matter of the Civil Commitment of: Jill C. McLarnon, AKA Jill Shelby.
Minn. Ct. App. 2025
17a(a)(1) (stating that a “substantial likelihood of physical harm to self or others” may be demonstrated by “a failure to obtain necessary food, clothing, shelter, or medical care as a result of impairment” (emphasis added)); (providing that the when the disjunctive “or” is used, the legislature’s objective is to require only one of the multiple grounds listed).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
To determine the legislature’s intent, we look to the plain 2 In 2019, the legislature amended Minn. Stat. § 590.11 - 33 (Minn. 2017), in a way that removed the “a court of this state” statutory language from Minn. Stat. § 590.11, subd.
- Danna Rochelle Back, Minn. 2023
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James Paul Aery, Appellant,
Minn. Ct. App. 2023
establishes a framework for compensating individuals who have served time in prison after a wrongful conviction.”
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Minn. 2023
see Minn. Stat. § 645.20 (2022); Back v. State , (invalidating the statute when severance was not possible with the consequence that we proceed as if the statute had never been enacted at all).
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Community Action Partnership of Scott, Carver & Dakota Counties, Respondent,
Minn. Ct. App. 2022
(recognizing that “[a] true drafti ng error, often called a scrivener’s error, is defined as a technical error, such as transposing characters or omitting an obviously needed word that can be rectified without serious doubt about the correct reading” (quotations omitted)); see also State ex rel.
- Minn. 2022
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Vaundell Duwayne Kingbird,
Minn. 2022
3 But 2 days later, –30 (Minn. 2017), we held that the definition of exoneration on which Kingbird relied was unconstitutional.
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State of Minnesota,
Minn. 2021
9 See also Back v. State , (interpreting “and” as conjunctive); (same), superseded by statute, Act of May 13, 2014, ch. 242, § 3, 2014 Minn. Laws 804, 804 (codified as amended at Minn. Stat. § 609.375 (2020)); Lennartson v. Anoka-Hennepin Indep.
- Ronald James Fairbanks, petitioner, Respondent, Minn. Ct. App. 2021
- State of Minnesota, by Jan Malcolm, Commissioner of Health, in her Official capacity, Respondent, Minn. Ct. App. 2021
- Danna Rochelle Back, petitioner, Respondent, Minn. Ct. App. 2021
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Lue Yang, petitioner, Appellant,
Minn. Ct. App. 2021
1 Yang finally argues that the supreme court’s violated his equal protection rights by preventing him from claiming he was exonerated under an older definition of that term.
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In re the Custody of: N. Y. B., James Edward Bono, petitioner, Appellant,
Minn. Ct. App. 2020
(recognizing that “[a] true drafting e rror, often called a scrivener’s error, is defined as a technical error, such as transposing characters or omitting an obviously needed word that can be rectified without serious doubt about the correct reading” (quotations omitted)); see 11 also State ex
- Court of Appeals Thissen, J. Concurring, Anderson, J., Gildea, C.J. Fletcher Properties, Inc., et al., Minn. 2020
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Benjamin Joseph Hill, petitioner, Appellant,
Minn. Ct. App. 2020
“An individual can file a claim for compensation under MIERA only if he or she first petitions a court for and receives an order certifying that he or she is eligible for compensation based on exoneration under Minn. Stat. § 590.11.” Buhl v. State , see Minn. Stat. § 590.11.; ( stating that the “threshold determination under the exoneration-compensation statute is whether an individual has been ‘ exonerated’”).
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Joseph Z. Livingston, petitioner, Appellant,
Minn. Ct. App. 2020
But the supreme court had severed subdivision 1(1)(i) as unconstitutional in Back v. State
- Robert Louis Freeman, III, petitioner, Appellant, Minn. Ct. App. 2020
- Buhl v. State 922 N.W.2d 435 Minn. Ct. App. 2019
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Buhl v. State
922 N.W.2d 435
Minn. Ct. App. 2019
31 (Minn. 2017) (severing Minn. Stat. § 590.11 , subd.
- State v. Holloway 916 N.W.2d 338 Minn. 2018
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State v. Holloway
916 N.W.2d 338
Minn. 2018
Back v. State , , 28 (Minn. 2017).
- Minn. Sands, LLC v. Cnty. of Winona 917 N.W.2d 775 Minn. Ct. App. 2018
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Minn. Sands, LLC v. Cnty. of Winona
917 N.W.2d 775
Minn. Ct. App. 2018
See generally Back v. State , , 31 (Minn. 2017) (severing of as little as possible of an unconstitutional law).
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Brandyn Brett Phillips, petitioner, Appellant,
Minn. Ct. App. 2018
Minn. Stat. §§ 611.362-.368 (2016)