Cited by
Opinions in Minnesota that cite State v. Lee, 683 N.W.2d 309.
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
to the potenti al for conflicting motivations behind certain testimony.’ ” Horst, d at 39 ().
- A23-0239 State of Minnesota v. Ronald Eugene Brusacoram Minn. Ct. App. 2024
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A23-0239 State of Minnesota v. Ronald Eugene Brusacoram
Minn. Ct. App. 2024
(holding that because defendant gave his cousin permission to store contraband in defendant’s garage and allowed gang members into the garage, defendant had constructive possession of the contraband).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
under a harmless error analysis.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
1 (2018) (stating a defendant “may be convicted of either the crime charged or an included offense, but not both”); (“[A] person may not be convicted of both theft and receiving stolen property with respect to property involved in the same transaction.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“The general test for determining whether a witness is an accomplice for purposes of section 634.04 is whether he could have 13 been indicted and convicted for the crime with which the accused is charged.” (quotations and citations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“A defendant may possess an item jointly with a nother person.” Harris, d at 604 ( n.7 (Minn. 2004)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Minnesota law recognizes that “the cr edibility of an accomp lice is inherently untrustworthy.” State v. Lee
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
See State v. Lee , n.7 (Minn. 2004) (holding that a defendant may be convicted of constructively possessing contraband that is jointly possessed with anothe r person).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
8 “An accomplice instruction ‘must be given in any criminal case in which any witness against the defendant might reasonably be considered an accomplice to the crime.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
A finding of c onstructive possession requires that there be “a strong probability, inferable from the evidence , that the defendant was, at the time, consciously exercising dominion and control over [the contraband].” State v. L ee, Possession of methamphetamine is a felony -level offense for which a custodial arrest is authorized.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
d 309, 316 (Minn. 2004) (stating omission of jury instruction is subject to harmless error review).
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St. Louis County Thissen, J. Took no part, Moore, J. State of Minnesota,
Minn. 2020
11 charged.” State v. Lee , (citation omitted) (internal quotation marks omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Moreover, a defendant “may constructively possess contraband jointly with another person.” n.7 (Minn. 2004); d 284, 287-88 (Minn. 1985) (concluding evidence sufficient to infer defendant jointly possessed marijuana found in defendant’s bedroom with owner of the house).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
tends to convict the defendant of the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumsta nces thereof.” The district court must give an accomplice-testimony instruction “‘in any criminal case in which any witness against the defendant might reasonably be considered an accomplice to the crime.’” (quoting State v. Shoop , 6 ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Moreover, this court “evaluate[s] the erroneous omission of a jury instruction under a harmless error analysis.”
- State v. Zinski 927 N.W.2d 272 Minn. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“The test for determining if a witness is an accomplice is whether the witn ess could have been ‘indicted and convicted for the crime with which the defendant is charged.’” (quoting State v. Lee , ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
It would 4 An appellate court “evaluate[s] the erroneous omission of a jury instruction under a harmless error analysis.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See State v. Lee , -17 & n.7 (Minn. 2004) (affirming conviction of unlawful possession of firearm based on constructive possession where evidence showed that stolen firearms were stored in defendant’s garage); -63 (Minn. 1982) (affirming conviction of unlawful possession of firearm based on c
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A jury instruction on accomplice testimony “must be given in any criminal case in which any witness against the defendant might reasonably be considered an accomplice to the crime.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A defe ndant “may not be conv icted of both theft and receiving stolen property with respect to property involved in the same transaction.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Under the statute, “[a] defendant may not be convicted based solely on the uncorroborated testimony of an accomplice.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
is whether he could have been indicted and convicted for the crime with which the accused is charged.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Harris, d at 601 ( n.7 (Minn. 2004)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
28, 1990); -17 & n.7 (Minn. 2004) (affirming conviction of unlawful possession of firearm based on evidence that stolen firearms and marijuana were stored in defendant’s garage); State v. Olson , d 661, 662-63 (Minn. 1982) (affirming conviction of unlawful possession of firearm based on evidence that loaded fire
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“[Appellate courts] evaluate [an] erro neous omission of a jury instruction under a harmless error analysis.”
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In the Matter of the Welfare of: C. W. A., Child.
Minn. Ct. App. 2017
Courts have found that this factor is not satisfied when a witness is compelled to testify under a grant of use immunity, or when a witne ss testifies to his agreement w ith the state and thus fully informs the jury of his role at trial, Horst, d at 38-39.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Harris, d at 601 ( n.7 (Minn. 2004)).
- State v. Ivy 902 N.W.2d 652 Minn. Ct. App. 2017
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State v. Ivy
902 N.W.2d 652
Minn. Ct. App. 2017
A district court must give an accomplice-corroboration instruction if a witness “could have been indicted and convicted for the crime with which the accused is charged.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The test for determining if a witness is an accomplice is whether the witness could have been ‘indicted and convicted for the crim e with which the defend ant is charged.’” (d 309, 314 (Minn. 2004)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See State v. Lee , (holding that “a person may not be convicted of both theft and receiving stolen property with respect to property involved in the same transaction .”).
- State v. Harris 895 N.W.2d 592 Minn. 2017
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State v. Harris
895 N.W.2d 592
Minn. 2017
317 n.7 (Minn. 2004); -86 (Minn. 1985) (concluding that the evidence was sufficient to infer that the defendant jointly possessed the marijuana found in the defendant’s bedroom with the owner of the house).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Delonte Ahshone Thomas Minn. Ct. App. 2016
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State of Minnesota v. Delonte Ahshone Thomas
Minn. Ct. App. 2016
(stating that appellate courts evaluate the erroneous omission of a jury instruction under a harmless error analysis).
- State of Minnesota v. Timothy John Bakken 883 N.W.2d 264 Minn. 2016
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State of Minnesota v. Timothy John Bakken
883 N.W.2d 264
Minn. 2016
d 309, 315 (Minn. 2004) (noting that, when definitions of criminal offenses overlap, “the state has the discretion to charge a person with the offense which is best supported by the available evidence and which carries a penalty commensurate with the culpable acts involved”).
- State of Minnesota v. Heather Leann Horst 880 N.W.2d 24 Minn. 2016
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State of Minnesota v. Heather Leann Horst
880 N.W.2d 24
Minn. 2016
The instruction informs the jury that an accomplice’s testimony must be “corroborated by other evidence that tends to convict the defendant of the crime.” n.6 (Minn. 2004) (quoting 10 Minn. Dist.
- State of Minnesota v. Peter Louis John Minn. Ct. App. 2016
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State of Minnesota v. Peter Louis John
Minn. Ct. App. 2016
A witness is an accomplice if the witness “could have been indicted and convicted for the crime with which the accused is charged.” (quotation omitted).