Cited by

Opinions in Minnesota that cite State v. Kobow, 466 N.W.2d 747.

51 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2026
See Minn. Stat. § 609.347 (2022); (concluding that the term “sexual conduct” as used in Minn. Stat. § 609.347 includes “allegations of sexual abuse”), rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2026
See, d 121, 125 (Minn. 1990) (“[W]hen a [district] court rules that evidence of a sexual assault victim’s prior sexual conduct is inadmissible, no reference to such conduct shall be made 7 in the presence of the jury.” (quotation omitted)); (concluding victim’s prior sexual-abuse allegations are within rape-shield law and inadmissible), rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2025
State of Minnesota, Respondent, Minn. Ct. App. 2025
State of Minnesota, Respondent, Minn. Ct. App. 2025
Even so, a victim’s prior sexual conduct may be admissible as “constitutionally required by the defendant’s right to due process, his right to confront his accuser, or his right to offer evidence in his own defense.” ( 7 The state responds, however, to Deloye’s related claim that the district court’s exclusion of this evidence was a Brady violation.
State of Minnesota, Respondent, Minn. Ct. App. 2025
Yet, in certain cases, the admission of previous sexual conduct evidence otherwise excluded by the rape-shield law may be “constitutionally required by the defendant’s right to due process, his right to confront his accuser, or his right to offer evidence in his own defense.” rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2024
State v. Kowbow , rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2024
And a defendant cannot be “convicted of two counts of criminal sexual conduct (different sections of the statute or different subsections) on the basis of the same act or unitary course of c onduct.” State v. Folley , d 372, 373 (Minn. 1989) (vacating one of two convictions for criminal sexual conduct when both were based on the same evidence of the same acts); ( stating that second-degree criminal sexual conduct is a lesser included offense of first -degree criminal sexual conduct) ; see also M
State of Minnesota, Respondent, Minn. Ct. App. 2024
(stating that second-degree criminal sexual conduct is a lesser included offense of first-degree criminal sexual conduct), rev. denied (Minn. Apr.
State of Minnesota v. Larry Ray House Minn. Ct. App. 2023
State of Minnesota v. Larry Ray House Minn. Ct. App. 2023
State of Minnesota v. Curtis Dwayne Thurston Minn. Ct. App. 2023
State of Minnesota v. Curtis Dwayne Thurston Minn. Ct. App. 2023
(agreeing “with the trial court that the term ‘sexual conduct’ as used in Minn. Stat. § 609.347 includes ‘allegations of sexual abuse’”), rev. denied (Minn. Apr.
State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2023
1(4); (holding that a lower degree of criminal sexual conduct is a lesser-included offense where the “difference is simply one of sexual contact versus sexual penetration”), rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2022
11-12 (2014) (defining “sexual contact” and “sexual penetration”); d 747, 752 (Minn. App. 1991) (noting that evidence of sexual penetration raises an inference of sexual contact), rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2022
State of Minnesota, Respondent, Minn. Ct. App. 2021
degree criminal sexual conduct [is a] lesser-included offense[] of first- degree criminal sexual conduct.” State v. Kobow , review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2021
review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2021
State v. Kobow , review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2021
State v. Kobow , review denied (Minn. Apr.
Grant Lloyd Greenwood, petitioner, Appellant, Minn. Ct. App. 2021
17, 2020); (holding that the difference between the statutes for first-degree and second-degree criminal sexual conduct is simply one of sexual contact versus sexual penetration); compare Minn. Stat. § 609.342, subd.
State of Minnesota, Respondent, Minn. Ct. App. 2020
review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2020
review denied (Minn. Apr.
State of Minnesota, Appellant, Minn. Ct. App. 2020
review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2019
State v. Kobow , review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2018
d 747, 750 (Minn. App. 1991), review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2018
In the Matter of the Welfare of: D. A. D., Child Minn. Ct. App. 2017
review denied (Minn. Apr.
State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
(determining second- and fourth-degree criminal sexual conduct were lesser-included offenses of first-degree criminal sexual conduct because the difference was “simply one of sexual contact versus sexual penetration.”), review denied (Minn. Apr.
State of Minnesota v. Tyrese Thomas Minn. Ct. App. 2016
State of Minnesota v. Tyrese Thomas Minn. Ct. App. 2016
review denied (Minn. Apr.
State of Minnesota v. Emem Ufot Udoh Minn. Ct. App. 2016
State of Minnesota v. Emem Ufot Udoh Minn. Ct. App. 2016
review denied (Minn. Apr.
State of Minnesota v. Gerald Michalec Minn. Ct. App. 2015
State of Minnesota v. Gerald Michalec Minn. Ct. App. 2015
State 8 v. Kobow, review denied (Minn. Apr.
State of Minnesota v. Osma Mardoqueo Escho Sanchez Minn. Ct. App. 2015
State of Minnesota v. Osma Mardoqueo Escho Sanchez Minn. Ct. App. 2015
Evidence of a victim’s prior sexual conduct “may be admitted where it is constitutionally required by the defendant’s right to due process, his right to confront his accuser, or his right to offer evidence in his own defense.” d 747, 750 (Minn. App. 1991) ().
State of Minnesota v. Donavon Duane Bellanger Minn. Ct. App. 2014
State of Minnesota v. Donavon Duane Bellanger Minn. Ct. App. 2014
review denied (Minn. Apr.
State of Minnesota v. Javier Zapien-Arreola Minn. Ct. App. 2014
State of Minnesota v. Javier Zapien-Arreola Minn. Ct. App. 2014
3, including “‘allegations of sexual abuse,’” review denied (Minn. Apr.
State v. Carroll 639 N.W.2d 623 Minn. Ct. App. 2002
State v. Carroll 639 N.W.2d 623 Minn. Ct. App. 2002
§ 609.347 has been defined to include "allegations of sexual abuse.” (Minn.App.
State v. Ostrem 520 N.W.2d 426 Minn. Ct. App. 1994
State v. Ostrem 520 N.W.2d 426 Minn. Ct. App. 1994
State v. Griffith 480 N.W.2d 347 Minn. Ct. App. 1992