Cited by
Opinions in Minnesota that cite State v. Colvin, 645 N.W.2d 449.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(analyzing whether the state could prove an element of a charge in a particular way de novo because the construction of a criminal statute is a question of law).
- In the Matter of: Kaycee Houde v. David Fryxell Minn. Ct. App. 2024
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In the Matter of: Kaycee Houde v. David Fryxell
Minn. Ct. App. 2024
(stating that “[a]ppellate courts have no .
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
State v. Colvin , 4 (Minn. 2002) .
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In the Matter of the Civil Commitment of: Justin Lee Staaf.
Minn. Ct. App. 2021
See State v. Colvin , (stating that “[a]ppellate courts have no .
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Minn. 2020
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Nathan Christopher Braun, petitioner, Appellant,
Minn. Ct. App. 2020
“For a burglary conviction to stand, the state must prove that a defendant intended to commit some independent crime other than trespass.” State v. Colvin , (“[T]he state has to do more than establish an intent to commit the crime of trespass in order to obtain a burglary conviction or a conviction of possessing burglary tools.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
3 We observe that although trespass is an element of third-degree burglary , Minnesota caselaw holds that trespass is not sufficient to sustain a burglary conviction because “the state must prove that a defendant intended to commit some independent crime other than trespass.” Minn. Stat. § 609.582 (2016).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
.”); (“For a burglary conviction to stand, the state must prove that a defendant intended to commit some independent crime other than trespass.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See Andersen, d at 327 (adopting federal court s’ reasoning that “ the issue of whether an affiant deliberately made statements that were false or in reckless disregard of the truth involves a fact-based question”); (“Appellate courts have no .
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d not have consent to enter D.J.J.’ s home because “the domestic abuse no -contact order issued against him made his entry into the victim’s residence unlawful, whether she purported to consent to the entry or not.” The state relies on State v. Colvin, in which the supreme court stated that “violation of the no - entry provision of an OFP satis f[ies] the illegal entry element of burglary.” d 449, 454 (Minn. 2002).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(concluding violation of no-entry provision of an order for protection establishes the illegal entry element of burglary but cannot satisfy the independent crime requ irement).
- State v. Jones 921 N.W.2d 774 Minn. Ct. App. 2018
- State v. Jones 921 N.W.2d 774 Minn. Ct. App. 2018
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A17-1841
Minn. Ct. App. 2018
In State v. Colvin, the supreme court held that a violation of a no-entry provisi on of an order for protection (OFP) is “excluded fro m the crimes that can be the b ases for the independent crime element of burglary.” 7
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See Michaels v. First USA Title, LLC, (“Because we are not a fact-finding court, issues brought to us on review must have been identified, argued fully, and entered into the record at the district court level.”) ; see also State v. Colvin , (stating that appellate courts “have no .
- State v. Ortega-Rodriguez 920 N.W.2d 642 Minn. 2018
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State v. Ortega-Rodriguez
920 N.W.2d 642
Minn. 2018
State v. Colvin , , 452 (Minn. 2002).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
-52 (Minn. 2002) (reviewing de novo whether the appellant’s intent to violate an OFP fulfills the intent requirement in the burglary statute).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
6 See, e.g. , State v. Jones , (defendant violated OFP by sending frightening text messages); State v. Beaty , (defendant violated OFP by sending a letter to the victim threatening her life); (defendant violated OFP by entering the victim’s home without her knowledge or consent); State v. Rocha, No. A11-27 (Minn. App. Apr.
- Alfonso Carillo Buenaventura, petitioner, Appellant, Minn. Ct. App. 2018
- State v. Janecek 903 N.W.2d 426 Minn. Ct. App. 2017
- State v. Janecek 903 N.W.2d 426 Minn. Ct. App. 2017
- State v. Thonesavanh 904 N.W.2d 432 Minn. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Findings of fact are not clearly erroneous if there is reasonable evidence to support them.” (citations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The Minnesota Supreme Court has noted that the statute only prohibited violating an OFP if “a valid OFP existed, and [the] defendant knew of [the OFP].” n.1 (Minn. 2002).
- State v. Lopez 897 N.W.2d 295 Minn. Ct. App. 2017
- State v. Larson 895 N.W.2d 655 Minn. Ct. App. 2017
- State v. Larson 895 N.W.2d 655 Minn. Ct. App. 2017
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State v. Lopez
897 N.W.2d 295
Minn. Ct. App. 2017
“Construction of a criminal statute is a question of law subject to de novo review.”
- State v. Carpenter 893 N.W.2d 380 Minn. Ct. App. 2017
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State v. Carpenter
893 N.W.2d 380
Minn. Ct. App. 2017
The district court, however, must vacate judgment on a post-verdict motion of a defendant under rule 26.04, subdivision 3, when the “document does not charge an offense, or if the court did not have jurisdiction over the offense charged.” (holding that judgment must be vacated when stipulated facts fail to establish the legal basis required for a burglary charge).
- State of Minnesota v. Gregory Allen Olson 887 N.W.2d 692 Minn. Ct. App. 2016
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State of Minnesota v. Gregory Allen Olson
887 N.W.2d 692
Minn. Ct. App. 2016
t’s conduct is prohibited by the statute he is charged under is an issue of statutory interpretation that this court reviews de novo.” (concluding that the defendant’s threat to assault the victim with a knife if he did not comply with the demand for money constituted a threat under the terroristic-threats statute) (), review denied (Minn. Mar.
- State of Minnesota v. Tressa Lee Bissonette Minn. Ct. App. 2016
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State of Minnesota v. Tressa Lee Bissonette
Minn. Ct. App. 2016
(“Appellate courts have no .
- Jimmie Dunlap, Jr. v. State of Minnesota Minn. Ct. App. 2016
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Jimmie Dunlap, Jr. v. State of Minnesota
Minn. Ct. App. 2016
Dunlap argues that the admitted facts do not support his plea
- In the Matter of: Laura Kay Ellingsworth, for herself and o/b/o N. R. E. v. Moses Abed Wazwaz Minn. Ct. App. 2016
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In the Matter of: Laura Kay Ellingsworth, for herself and o/b/o N. R. E. v. Moses Abed Wazwaz
Minn. Ct. App. 2016
(“[A]ppellate courts have no .
- State of Minnesota v. Chad Allan Mikiska Minn. Ct. App. 2016
- State of Minnesota v. Richard William Reynolds, Jr. Minn. Ct. App. 2016