Cited by
Opinions in Minnesota that cite State v. Frazier, 649 N.W.2d 828.
- Randy Terrell Mayberry v. State of Minnesota Minn. Ct. App. 2023
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Randy Terrell Mayberry v. State of Minnesota
Minn. Ct. App. 2023
“A statute violates the Equal Protection Clause when it prescribes different punishments or different degrees of punishment for the same conduct committed under the same circumstances by persons similarly situated.” State v. Frazier, 14
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Minn. 2023
the threshold sim ilarly situated inquiry does not apply in heightened rational basis scrutiny cases.
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Minn. 2022
at 347–48; cf. Cox, d at 523–24 (holding that the two classes of defendants were not similarly situated because the statutes criminalizing theft by check and dishonored checks require different mens reas); 8–39 (Minn. 2002) (determining that the defendant was not similarly situated to an individual convicted under RICO because that conviction must be based on participation in at least three criminal acts).
- In the Matter of the Civil Commitment of: Edward Eugene Dooley. Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(d 139, 140 (Minn. 1975)).
- Robert Louis Bellanger Fohrenkam, Appellant, Minn. Ct. App. 2020
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Court of Appeals Thissen, J. Concurring, Anderson, J., Gildea, C.J. Fletcher Properties, Inc., et al.,
Minn. 2020
Id.; (Page, J., dissenting) (interpreting Russell to hold that “[u]nder Minnesota law .
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Minn. 2020
“This procedural bar applies even in postconvictio n proceedings raising constitutional issues of criminal procedure.” Ferguson v. State
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Kristopher Lee Roybal, Appellant,
Minn. Ct. App. 2020
“The equal protection clause guarantees that similarly situated individuals receive equal treatment.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
See, e.g., State v. Bauer , -27 (Minn. 2011) (multip le controlled buys through informants at staged storefront); ( three controlled sales to informant); 434 (Minn. App. 2001), aff’d on other grounds , ( sale of crack cocaine to confidential reliable informant on three occasions by defendant who was gang member).
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Stacey Marable, Appellant,
Minn. Ct. App. 2020
-33 (Minn. 2002) (discussing an as-applied challenge to a facially neutral statute).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State v. Holloway 916 N.W.2d 338 Minn. 2018
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State v. Holloway
916 N.W.2d 338
Minn. 2018
See State v. Frazier , , 830 (Minn. 2002).
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Marlow Shelton McDonald, petitioner, Appellant,
Minn. Ct. App. 2018
McDonald next contends “that the racial disparity in drug case sentencing violates his right to equal protection.” To show that a statute violates the Equal Protection Clause based on race, an appellant must show “that the statute classifies individuals on the basis of some suspect trait.”
- State of Minnesota v. Jonas David Nelson 886 N.W.2d 505 Minn. 2016
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State of Minnesota v. Jonas David Nelson
886 N.W.2d 505
Minn. 2016
We do not reach this claim because Nelson forfeited it when he failed to raise it in district court.3
- State of Minnesota v. Ann Adrion Schoch Minn. Ct. App. 2015
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State of Minnesota v. Ann Adrion Schoch
Minn. Ct. App. 2015
See 7 (stating that constitutional questions will generally not be considered for the first time on appeal).
- Janie "Jane" Astramecki v. Minnesota Department of Agriculture Minn. Ct. App. 2015
- Janie "Jane" Astramecki v. Minnesota Department of Agriculture Minn. Ct. App. 2015
- Dean v. City of Winona 843 N.W.2d 249 Minn. Ct. App. 2014
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Dean v. City of Winona
843 N.W.2d 249
Minn. Ct. App. 2014
-34 (Minn.2002) (explaining that to prevail on an equal-protection challenge where the challenged statute did not, on its face, classify on the basis of race, the challenger had to “demonstrate that the statute create[d] a racial classification in practice”); McCannel, 301 *d at 916 (stating that “the equ
- State v. Melchert-Dinkel 816 N.W.2d 703 Minn. Ct. App. 2012
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State v. Melchert-Dinkel
816 N.W.2d 703
Minn. Ct. App. 2012
Although he argued to the district court only that the statute was unconstitutional as applied to him and issues generally may not be raised for the first time on appeal, we believe that the interests of justice would be furthered by our consideration of the issue, and so we will address the merits of his argument.
- In re the Welfare of M.L.M. 813 N.W.2d 26 Minn. 2012
- State v. Johnson 813 N.W.2d 1 Minn. 2012
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State v. Johnson
813 N.W.2d 1
Minn. 2012
First, the “similarly situated” test states that a statute violates equal protection when it “prescribes different punishments or different degrees of punishment for the same conduct committed under the same circumstances by persons similarly situated.”
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In re the Welfare of M.L.M.
813 N.W.2d 26
Minn. 2012
First, the “similarly situated” test states that a statute *38 violates equal protection when it “prescribes different punishments or different degrees of punishment for the same conduct committed under the same circumstances by persons similarly situated.”
- State v. Cox 798 N.W.2d 517 Minn. 2011
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State v. Cox
798 N.W.2d 517
Minn. 2011
It is well settled that in order “[t]o establish that [s]he has been denied equal protection of the laws, [Cox] must show that similarly situated persons have been treated differently.” (“The [E]qual [Protection [C]lause guarantees that similarly situated individuals receive equal treatment.”); (“The Equal Protection Clause requires that the state treat all similarly situated persons alike.”).
- Dobbins v. State 788 N.W.2d 719 Minn. 2010
- Dobbins v. State 788 N.W.2d 719 Minn. 2010
- State v. Yang 774 N.W.2d 539 Minn. 2009
- State v. Yang 774 N.W.2d 539 Minn. 2009
- State v. Martin 773 N.W.2d 89 Minn. 2009
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State v. Martin
773 N.W.2d 89
Minn. 2009
(refusing to consider a defendant's equal protection argument based on state constitution raised for the first time on appeal).
- Jones v. Borchardt 759 N.W.2d 50 Minn. Ct. App. 2009
- Jones v. Borchardt 759 N.W.2d 50 Minn. Ct. App. 2009
- State v. Richmond 730 N.W.2d 62 Minn. Ct. App. 2007
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State v. Richmond
730 N.W.2d 62
Minn. Ct. App. 2007
Thus, “[a]n individual challenging a statute on equal protection grounds must demonstrate that the statute classifies individuals [either on its face or in practice] on the basis of some suspect trait.” -34 (Minn.2002).
- State v. Caulfield 722 N.W.2d 304 Minn. 2006
- State v. Caulfield 722 N.W.2d 304 Minn. 2006
- State v. DeShay 669 N.W.2d 878 Minn. 2003
- State v. Lopez-Rios 669 N.W.2d 603 Minn. 2003
- State v. Lopez-Rios 669 N.W.2d 603 Minn. 2003
- State v. DeShay 669 N.W.2d 878 Minn. 2003
- State v. Benniefield 668 N.W.2d 430 Minn. Ct. App. 2003
- State v. Benniefield 668 N.W.2d 430 Minn. Ct. App. 2003