Cited by
Opinions in Minnesota that cite State v. Lee, 683 N.W.2d 309.
- State of Minnesota v. Alexander Kenton Edmondson Minn. Ct. App. 2015
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State of Minnesota v. Alexander Kenton Edmondson
Minn. Ct. App. 2015
“[W]hen a defendant timely objects to a jury instruction, we apply the harmless- error analysis to determine whether the error requires reversal.” n.3 (Minn. 2013)
- State of Minnesota v. Jaylin Deshawn Dubose Minn. Ct. App. 2015
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State of Minnesota v. Jaylin Deshawn Dubose
Minn. Ct. App. 2015
A jury instruction about the need for corroboration of 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 v. Ashimiyu Gbolahan Alowonle Minn. Ct. App. 2015
- State of Minnesota v. Hamzeh Daghighian Minn. Ct. App. 2015
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State of Minnesota v. Hamzeh Daghighian
Minn. Ct. App. 2015
Even if the district court’s instruction was erroneous, a new trial would be warranted only if the error “might have prompted the jury, which is presumed to be reasonable, to reach a harsher verdict than it might have otherwise reached.” (quotation omitted).
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State of Minnesota v. Ashimiyu Gbolahan Alowonle
Minn. Ct. App. 2015
This type of constructive possession is consistent with the doctrine of “joint” possession, which provides that “[a] person may constructively possess [contraband] alone or with others.” Denison, d at 799; n.7 (Minn. 2004).
- State of Minnesota v. Jermaine Edward Harris Minn. Ct. App. 2015
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State of Minnesota v. Jermaine Edward Harris
Minn. Ct. App. 2015
“An accomplice[-liability] instruction must be given in any criminal case in which any witness against the defendant might reasonably be considered an accomplice to the crime.” d 309, 315 (Minn. 2004) (quotation omitted).
- State of Minnesota v. Alfred Smith, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Michael Allen Truelove Minn. Ct. App. 2015
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State of Minnesota v. Alfred Smith, Jr.
Minn. Ct. App. 2015
1(4); (“Over the years, the words used by the Minnesota legislature to describe the conduct proscribed in the theft and receiving stolen property statutes evolved, overlapping sufficiently so that in a prosecution for receiving stolen property, it is no defense that the defendant was the thief.”).
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State of Minnesota v. Michael Allen Truelove
Minn. Ct. App. 2015
A jury instruction about the need for corroboration of 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.” 5 (Minn. 2004) (quotation omitted).
- State of Minnesota v. Tommy Salyers, III 858 N.W.2d 156 Minn. 2015
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State of Minnesota v. Tommy Salyers, III
858 N.W.2d 156
Minn. 2015
See, n.7 (Minn. 2004); State v. 5 Robinson, -29 (Minn. 1982).
- State of Minnesota v. Stephen Thomas Conlin Minn. Ct. App. 2014
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State of Minnesota v. Stephen Thomas Conlin
Minn. Ct. App. 2014
(holding that the erroneous omission of a jury instruction is reviewed under a harmless-error analysis).
- State of Minnesota v. Larry Charles Norton Minn. Ct. App. 2014
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State of Minnesota v. Larry Charles Norton
Minn. Ct. App. 2014
Constructive possession requires (1) that the contraband be found in a place under the defendant’s exclusive control or (2) “a strong probability, inferable from the evidence, that the defendant was, at the time, consciously exercising dominion and control over [the contraband].” -17 n.7 (Minn. 2004).
- State v. Porte 832 N.W.2d 303 Minn. Ct. App. 2013
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State v. Porte
832 N.W.2d 303
Minn. Ct. App. 2013
at 105 , d at 611 ; , 316-17 n. 7 (Minn.2004).
- State v. Wilson 830 N.W.2d 849 Minn. 2013
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State v. Wilson
830 N.W.2d 849
Minn. 2013
at 364 ; (-81 (Minn.1989)).
- State v. Dickey 827 N.W.2d 792 Minn. Ct. App. 2013
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State v. Dickey
827 N.W.2d 792
Minn. Ct. App. 2013
“A person may constructively possess contraband jointly with another person.” , 316 n. 7 (Minn.2004).
- State v. Cox 820 N.W.2d 540 Minn. 2012
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State v. Cox
820 N.W.2d 540
Minn. 2012
*548 316 (Minn.2004); -81 (Minn.1989).
- State v. Fleck 797 N.W.2d 733 Minn. Ct. App. 2011
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State v. Fleck
797 N.W.2d 733
Minn. Ct. App. 2011
(“We evaluate the erroneous omission of a jury instruction under a harmless error analysis.”).
- State v. BARRIENTOS-QUINTANA 787 N.W.2d 603 Minn. 2010
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State v. BARRIENTOS-QUINTANA
787 N.W.2d 603
Minn. 2010
The test for whether a particular “witness is an accomplice is whether the witness could have been ‘indicted and convicted for the crime with which the defendant is charged.’ ” ().
- State v. Vasquez 776 N.W.2d 452 Minn. Ct. App. 2009
- State v. Vasquez 776 N.W.2d 452 Minn. Ct. App. 2009
- Holt v. State 772 N.W.2d 470 Minn. 2009
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Holt v. State
772 N.W.2d 470
Minn. 2009
is one of fact for the jury.’ ” ().
- State v. Ortega 770 N.W.2d 145 Minn. 2009
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State v. Ortega
770 N.W.2d 145
Minn. 2009
316 n. 7 (Minn.2004) (explaining that if the police find the contraband in a place where others have access, the constructive-possession doctrine requires “a strong probability, inferable from the evidence, that the defendant was, at the time, consciously exercising dominion and control over it”).
- State v. Pendleton 759 N.W.2d 900 Minn. 2009
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State v. Pendleton
759 N.W.2d 900
Minn. 2009
The test for determining if a witness is an accomplice is whether the witness could have been “indicted and convicted for the crime with which the defendant is charged.”
- State v. Clark 755 N.W.2d 241 Minn. 2008
- State v. Rodriguez 754 N.W.2d 672 Minn. 2008
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State v. Rodriguez
754 N.W.2d 672
Minn. 2008
the testimony of an accomplice, unless it is corroborated by such other evidence as tends to convict the defendant of the commission of the offense.” Because an accomplice’s credibility is inherently untrustworthy, “[a]n 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.’ ” ().
- State v. Jackson 746 N.W.2d 894 Minn. 2008
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State v. Jackson
746 N.W.2d 894
Minn. 2008
“upon the testimony of an accomplice, unless it is corroborated by such other evidence as tends to convict the defendant of the commission of the offense.” Because an accomplice’s credibility is inherently suspect, “[a]n 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.’ ” ().
- State v. Rodriguez 738 N.W.2d 422 Minn. Ct. App. 2007
- State v. Rodriguez 738 N.W.2d 422 Minn. Ct. App. 2007
- State v. Reed 737 N.W.2d 572 Minn. 2007
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State v. Reed
737 N.W.2d 572
Minn. 2007
Generally, the “test for determining whether a witness is an accomplice for purposes of section 634.04 is whether he could have been indicted and convicted for the crime with which the accused is charged.” (internal quotation marks omitted).
- State v. Jackson 726 N.W.2d 454 Minn. 2007