Cited by
Opinions in Minnesota that cite Parker v. O'PHELAN, 428 N.W.2d 361.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see also U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Raymond, d at 426 (holding that intent to kill the victim could be inferred from the nature and extent of the stab wounds and the defendant leaving the victim to bleed to death); - 29 (Minn. 1986) (holding that a single stab wound to the victim’s back and the defendant’s later attempt to leave the scene showed an intent to kill); (holding that a single fatal stab wound that passed through the breastbone and into the heart showed sufficient intent to kill).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota v. Justice King Whitelaw
Minn. Ct. App. 2026
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship , 397 U.S. 358, 364 (1970); see U.S. Const. amend.
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State of Minnesota v. Andrew Joseph Casserly
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
To establish guilt, the state must “prove each element of the 7 crime charged beyond a reasonable doubt.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
(citing In re Winship, 397 U.S. 358, 364 (1970)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
32 Additionally, it is “objectionable” for a prosecutor to state that a defendant was acting as a “vigilante.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In re Winship, 397 U.S. 358, 364 (1970); d 361, 366 (Minn. 1988); see U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Because the state has the burden to prove “each element of the crime charged beyond a reasonable doubt,” the state had the burden to prove Abdi’s actual unwillingness to provide a breath sample.
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Dennis J. Daulton, trustee for the next of kin of Brady Joel Daulton v. TMS Treatment Center, ...
Minn. Ct. App. 2024
See Parker v. O’Phelan, (rejecting the argument that Minn. Stat. § 145.682 operates as a jurisdictional condition because “the statute lacks the characteristics of the typical statute of limitations which is designed by the legislature to limit periods within which actions may be initiated” (emphasis added)), aff’d
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State of Minnesota v. Christopher James Colgrove
Minn. 2023
mond, d at 426 (holding that the defendant’s intent to kill the victim was inferable from nature and extent of wounds and defendant’s act of leaving the victim to bleed to death); –29 (Minn. 1986) (holding that a single stab wound to the victim’s back and the defendant’s later attempt to leave the scene showed an intent to kill); (holding 13 that a single fatal stab wound that passed through the breastbone and into the heart showed sufficient intent to kill).
- , A22-0290 Minn. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
The due process clauses of the United States and Minnesota Constitutions require the state to prove “each element of the crime charged beyond a reasonable doubt.” (citing In re Winship, 397 U.S. 358, 364 (1970)); U.S. Const. amends.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
V, XIV; Minn. Const., art. I, § 7
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The due-process guarantees in the state and federal constitutions “require[] the state to prove each element of the crime charged beyond a reasonable doubt.” (citing In re Winship, 397 U.S. 358, 364 (1970)).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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Jordan Handrich, Appellant,
Minn. Ct. App. 2020
Parker v. O’Phelan, aff’d
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In re the Marriage of:
Minn. Ct. App. 2019
See Parker v. O’Phelan, aff’d
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State of Minnesota, Respondent, vs. Michael Anthony Pitts, Appellant.
Minn. Ct. App. 2019
“[T]he due process clause of the fourteenth amendment to the United States Constitution requires the state to prove each element of the crime charged beyond a reasonable doubt.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(due process clauses of the United States and Minnesota Constitutions require the state to prove “each element of the crime charged beyond a reasonable doubt”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
at 362 (holding probable cause of impairment is an element of test refusal); (holding due-process 6 clause of the United States Constitution requires the state to prove “each element of the crime charged beyond a reasonable doubt”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
hire[d] or offer[ed] or agree[d] to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact.” Id.; (due process clauses of the United States Constitution requires the state to prove “each element of the crime ch arged beyond a reasonable doubt”).
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Phyllis Louise Luskey, Appellant,
Minn. Ct. App. 2019
See Parker v. O’Phelan, (“An analogous standard [to the excusable neglect analysis under rule 6.02] is used for finding excusable neglect in granting relief from a default judgment or denial of a motion for default judgment.”), aff’d mem.
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Firkus v. Harms
914 N.W.2d 414
Minn. Ct. App. 2018
Parker v. O'Phelan , , 537 (Minn. App. 1987), aff'd
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Due process requires the state to prove “each element of the crime charged beyond a reasonable doubt.”
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Paul Omol Arkangelo Uchodu, petitioner, Appellant,
Minn. Ct. App. 2017
In a criminal prosecution, the state is re quired “to prove each element of the crime charged beyond a reasonable doubt.”
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Dennis Bernard Freeman v. State of Minnesota
Minn. Ct. App. 2016
The Due Process Clauses of the United States and Minnesota Constitutions require the state to prove “each element of the crime charged beyond a reasonable doubt.” (citing In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068, 1072 (1970)); U.S. Const. amends.
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In the Matter of the Welfare of: R. M. B., Child.
Minn. Ct. App. 2016
The due process clauses of the Minnesota and United States Constitutions require that the state prove “each element of the crimes charged beyond a reasonable doubt.” U.S. Const. amends V, XIV; Minn. Const., art I, § 7.
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State of Minnesota v. Amreya Rahmeto Shefa
Minn. Ct. App. 2016
be shown by examining evidence about the nature of the killing, such as the number of wounds inflicted and the infliction of wounds to vital areas); (holding that intent to kill can be inferred from the nature and extent of the wounds and the fact that defendant left the victim to bleed to death while he went home to bed); (holding that a single fatal stab wound passing through the breast bone and into the heart sufficient to support intent to kill); -29 (Minn. 1986) (intent to kill shown by sin
- State of Minnesota v. Kemen Lavatos Taylor, II 869 N.W.2d 1 Minn. 2015
- State of Minnesota v. Charles Kihanya Minn. Ct. App. 2015
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State of Minnesota v. Nisius Dealvin McAllister
862 N.W.2d 49
Minn. 2015
(stating that eliminating the possibility of retaliation may be a reason for killing a victim in furtherance of a robbery); (listing the identification of the assailants and facilitation of escape as two reasons why a killing might be in furtherance of a robbery).
- State of Minnesota v. Ronald Earle Menzie Minn. Ct. App. 2014
- State v. Cox 820 N.W.2d 540 Minn. 2012
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State v. Melchert-Dinkel
816 N.W.2d 703
Minn. Ct. App. 2012
See, (interpreting Minn.Stat.
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State v. Hawes
801 N.W.2d 659
Minn. 2011
(“The state meets its burden” to prove aiding and abetting “by showing ‘some knowing role in the commission of the crime by a defendant ....’” ()).
- State v. BARRIENTOS-QUINTANA 787 N.W.2d 603 Minn. 2010
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State v. Ali
752 N.W.2d 98
Minn. Ct. App. 2008
d at 595 ( , 772 *104 (Minn.1986)).
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Lake Superior Center Authority v. Hammel, Green & Abrahamson, Inc.
715 N.W.2d 458
Minn. Ct. App. 2006
-25 (Minn.1989); aff'd by an equally divided court
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State v. Earl
702 N.W.2d 711
Minn. 2005
ate must show that “the murder was reasonably foreseeable as a probable consequence of the intended crime”); (stating “[a]mple evidence also exists to demonstrate that [the victim’s] death was committed in furtherance of the aggravated robbery and that the murder was a reasonably foreseeable probable consequence of the robbery”); (stating “[a] person may also be held liable for the crimes of an accomplice under subdivision 2 if the accomplice’s crime was ⅜ * ⅜ a reasonably foreseeable consequenc
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State v. Dahlin
695 N.W.2d 588
Minn. 2005
See, (stating that when expert testimony supported an inference of intent and “no evidence” suggests the death was negligent or accidental, no rational basis existed for a jury to acquit of intentional murder and convict of unintentional felony murder); (stati