Cited by
Opinions in Minnesota that cite State v. Ostrem, 535 N.W.2d 916.
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State of Minnesota v. Joseph Cody Morrison
Minn. Ct. App. 2015
“To impose liability under the aiding and abetting statute, the state must show some knowing role in the commission of the crime by a defendant who takes no steps to thwart its completion.” (quotation omitted).
- State of Minnesota v. Tony Don Minn. Ct. App. 2015
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State of Minnesota v. Tony Don
Minn. Ct. App. 2015
(citing State v. Belcourt, 312 Minn. 263, 264, ).
- State of Minnesota v. Clinton Robert Zenzius Minn. Ct. App. 2015
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State of Minnesota v. Clinton Robert Zenzius
Minn. Ct. App. 2015
The district court asked counsel for further research on “the discrepancy between the language in the burglary section and the proposed standard JIGs where the phrase -- 3 the statute phrase ‘directly’ --‘either directly or as an accomplice’ was left out of the proposed JIGs.” The state, requested to amend the first-degree burglary charge to include aiding and abetting.1 Counsel for the defense requested that the district court add the language of “either directly or as an accomplice” to the jur
- State of Minnesota v. Dayna Kristine Bell Minn. Ct. App. 2014
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State of Minnesota v. Dayna Kristine Bell
Minn. Ct. App. 2014
See, (“Whether a pretrial identification procedure is unnecessarily suggestive turns on whether the defendant was unfairly singled out for identification.”).
- State of Minnesota v. Eddie Matthew Mosley 853 N.W.2d 789 Minn. 2014
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State of Minnesota v. Eddie Matthew Mosley
853 N.W.2d 789
Minn. 2014
3 to argue that the daycare parent’s identification testimony should have been excluded under Rule 403 on the ground that it lacked reliability.
- State of Minnesota v. Royce Ryan Teague Minn. Ct. App. 2014
- State of Minnesota v. Royce Ryan Teague Minn. Ct. App. 2014
- State of Minnesota v. Jermaine Octavious Stansberry Minn. Ct. App. 2014
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State of Minnesota v. Jermaine Octavious Stansberry
Minn. Ct. App. 2014
But “aiding and abetting is not a separate substantive offense.”
- State of Minnesota v. William Harold Jones Minn. Ct. App. 2014
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State of Minnesota v. William Harold Jones
Minn. Ct. App. 2014
But “active participation in the overt act which constitutes the substantive offense is not required.”
- In re the Welfare of J.H. 844 N.W.2d 28 Minn. 2014
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In re the Welfare of J.H.
844 N.W.2d 28
Minn. 2014
But “active participation in the overt act which constitutes the substantive offense is not required.”
- State v. Cox 820 N.W.2d 540 Minn. 2012
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State v. Cox
820 N.W.2d 540
Minn. 2012
We have said that a person aids and abets another when that person plays a “knowing role in the commission of the crime” and “takes no steps to thwart its completion.” (citation omitted) (internal quotation marks omitted).
- State v. Brown 815 N.W.2d 609 Minn. 2012
- State v. Flowers 788 N.W.2d 120 Minn. 2010
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State v. Flowers
788 N.W.2d 120
Minn. 2010
-25 (Minn.1995) (“We have previously held that a person’s presence can be sufficient to impose liability if it somehow aids the commission of the crime.” (citations omitted)).
- State v. BARRIENTOS-QUINTANA 787 N.W.2d 603 Minn. 2010
- State v. BARRIENTOS-QUINTANA 787 N.W.2d 603 Minn. 2010
- State v. Stein 776 N.W.2d 709 Minn. 2010
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State v. Stein
776 N.W.2d 709
Minn. 2010
As we have stated: “Inconsistencies in the state’s case or possibilities of innocence do not require reversal of a jury verdict so long as the evidence taken as a whole makes such theories seem unreasonable.”
- State v. Yang 774 N.W.2d 539 Minn. 2009
- State v. Yang 774 N.W.2d 539 Minn. 2009
- State v. Buckingham 772 N.W.2d 64 Minn. 2009
- State v. Buckingham 772 N.W.2d 64 Minn. 2009
- State v. Booker 770 N.W.2d 161 Minn. Ct. App. 2009
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State v. Booker
770 N.W.2d 161
Minn. Ct. App. 2009
2243, 2251 , 53 L.Ed.2d 140 (1977)
- State v. Hollins 765 N.W.2d 125 Minn. Ct. App. 2009
- State v. Hollins 765 N.W.2d 125 Minn. Ct. App. 2009
- State v. Lopez 764 N.W.2d 605 Minn. Ct. App. 2009
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State v. Lopez
764 N.W.2d 605
Minn. Ct. App. 2009
g and abetting “requires *612 something more of a person than mere inaction to impose liability as a principal.” However, “active participation in the overt act which constitutes the substantive offense is not required, and a person’s presence, companionship, and conduct before and after an offense are relevant circumstances from which a person’s criminal intent may be inferred.”
- State v. Tscheu 758 N.W.2d 849 Minn. 2008
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State v. Tscheu
758 N.W.2d 849
Minn. 2008
-24 (Minn.1995) (holding that circumstantial evidence was sufficient to convict even though the record contains evidence of two different factual scenarios because the jury was free to disbelieve[ ] Ostrem’s alibi defense)
- State v. Clark 755 N.W.2d 241 Minn. 2008
- State v. Hooks 752 N.W.2d 79 Minn. Ct. App. 2008
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State v. Hooks
752 N.W.2d 79
Minn. Ct. App. 2008
2243, 2251, 2253 , 53 L.Ed.2d 140 (1977)
- State v. Hughes 749 N.W.2d 307 Minn. 2008
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State v. Hughes
749 N.W.2d 307
Minn. 2008
( for the proposition that “possibilities of innocence do not require reversal of a jury verdict so long as the evidence taken as a whole makes such theories seem unreasonable”).
- State v. Jackson 746 N.W.2d 894 Minn. 2008
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State v. Jackson
746 N.W.2d 894
Minn. 2008
Appellant’s is misplaced.
- State v. Lushenko 714 N.W.2d 729 Minn. Ct. App. 2006
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State v. Lushenko
714 N.W.2d 729
Minn. Ct. App. 2006
(citations and quotations omitted); (noting same test).
- State v. Young 710 N.W.2d 272 Minn. 2006
- State v. Young 710 N.W.2d 272 Minn. 2006
- State v. Adkins 706 N.W.2d 59 Minn. Ct. App. 2005