Cited by
Opinions in Minnesota that cite State v. Stempf, 627 N.W.2d 352.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“[T]he jury must unanimously agree on which acts the defendant committed if each ac t itself constitutes an element of the crime.”
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A17-0853
Minn. Ct. App. 2018
hat the district court erred by fa iling to give a specific- unanimity instruction when the state charged a single count of fift h-degree controlled-substance crime but then argued to the jury that “it could convict if some jurors found a ppellant possessed the methamphetamine found in the truck while others found he possessed the methamphetamine found on the premises [of his employmen t].”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
11 Dillon relies heavily on this court’s opinion in State v. Stempf , which was issued before the supreme court’s opinions in Crowsbreast, Ihle, and Pendleton.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“[T]he jury must unanimously agree on which acts the defendant committed if each act itself constitutes an element of the crime.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
-59 (Minn. App. 2001) (h olding unanimity re quirement violated when state introduced evidence of two acts of drug posse ssion and argued that the jury could convict defendant without agreement as to which possession occurred, but only charged defendant with one count of drug possession).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“[T]he jury must unanimously agree on which acts the defendant committed if each act constitutes an element of the crime.” State v. Stempf
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Dana John Thompson Minn. Ct. App. 2017
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State of Minnesota v. Dana John Thompson
Minn. Ct. App. 2017
This is because “the terroristic-threats statute does not make the identity of the person who is threatened an element of the crime.”
- State of Minnesota v. Euric Ards Minn. Ct. App. 2016
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State of Minnesota v. Euric Ards
Minn. Ct. App. 2016
To support his argument that unanimity instructions were required in this case
- State of Minnesota v. Laco Knockola West Minn. Ct. App. 2016
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State of Minnesota v. Laco Knockola West
Minn. Ct. App. 2016
And “the jury must unanimously agree on which acts the defendant committed if each act itself constitutes an element of the crime.”
- State of Minnesota v. Charles Wesley Jones Minn. Ct. App. 2016
- State of Minnesota v. Charles Wesley Jones Minn. Ct. App. 2016
- State of Minnesota v. Steven Henrey Gonzales Minn. Ct. App. 2016
- State of Minnesota v. Steven Henrey Gonzales Minn. Ct. App. 2016
- State of Minnesota v. John Edward Hall, Jr. Minn. Ct. App. 2015
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State of Minnesota v. John Edward Hall, Jr.
Minn. Ct. App. 2015
That is, the jury must “unanimously agree on which acts the defendant committed if each act itself constitutes an element of the crime.”
- State of Minnesota v. Thomas James Mitchell Minn. Ct. App. 2015
- State of Minnesota v. Thomas James Mitchell Minn. Ct. App. 2015
- State of Minnesota v. Nathan Thomas Boutilier Minn. Ct. App. 2015
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State of Minnesota v. Nathan Thomas Boutilier
Minn. Ct. App. 2015
23, 2008); (d 352, 355 (Minn. App. 2001)).
- State of Minnesota,Respondent v. Maceo Valdez Jackson Minn. Ct. App. 2015
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State of Minnesota,Respondent v. Maceo Valdez Jackson
Minn. Ct. App. 2015
See, (defendant was charged with one count of drug possession based on alleged acts occurring at two different times and two different locations with two different defenses).
- State of Minnesota v. Octavius Marcus Johnson Minn. Ct. App. 2015
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State of Minnesota v. Octavius Marcus Johnson
Minn. Ct. App. 2015
“On the other hand, the jury must unanimously agree on which acts the defendant committed if each act itself constitutes an element of the crime.”
- RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC Minn. Ct. App. 2015
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RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC
Minn. Ct. App. 2015
to assert that the jury instructions, which allowed the jurors to disagree about which acts were misrepresentation, violated their right to a unanimous verdict.
- State of Minnesota v. Vida Kay Bjorklund Minn. Ct. App. 2015
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State of Minnesota v. Vida Kay Bjorklund
Minn. Ct. App. 2015
“Where jury instructions allow for possible significant disagreement among jurors as to what acts the defendant committed, the instructions violate the defendant’s right to a unanimous verdict.”
- State of Minnesota v. Joseph Gassoway Minn. Ct. App. 2014
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State of Minnesota v. Joseph Gassoway
Minn. Ct. App. 2014
“[T]he jury must unanimously agree on which acts the defendant committed if each act itself constitutes an element of the crime.”
- State v. Ayala-Leyva 848 N.W.2d 546 Minn. Ct. App. 2014
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State v. Ayala-Leyva
848 N.W.2d 546
Minn. Ct. App. 2014
A district court must avoid jury instructions that “are unclear and potentially raise doubt about the unanimity of the jury verdict.”
- State v. Wenthe 845 N.W.2d 222 Minn. Ct. App. 2014
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State v. Wenthe
845 N.W.2d 222
Minn. Ct. App. 2014
“On the other hand, the jury must unanimously agree on which acts the defendant committed if each act itself constitutes an element of the crime.”
- State v. Infante 796 N.W.2d 349 Minn. Ct. App. 2011
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State v. Infante
796 N.W.2d 349
Minn. Ct. App. 2011
his workplace; and (2) that he possessed methamphetamine found in the truck in which he was riding when he arrived at work.” (emphasis added).
- State v. Dalbec 789 N.W.2d 508 Minn. Ct. App. 2010
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State v. Dalbec
789 N.W.2d 508
Minn. Ct. App. 2010
Appellant relies primarily on this court’s
- State v. Rucker 752 N.W.2d 538 Minn. Ct. App. 2008
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State v. Rucker
752 N.W.2d 538
Minn. Ct. App. 2008
But if each act itself constitutes an element of the crime, “the jury must unanimously agree on which acts the defendant committed.”
- State v. Hager 727 N.W.2d 668 Minn. Ct. App. 2007
- State v. Hager 727 N.W.2d 668 Minn. Ct. App. 2007