Cited by

Opinions in Minnesota that cite State v. Davis, 540 N.W.2d 88.

24 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2026
11 Moreover, we have concluded that whether an item used in the course of second-degree assault could “constitute a dangerous weapon” is “a question of fact .” -90 (Minn. App. 1995) (stating that whether defendant’s use of hands or feet as dangerous weapon is question of fact), rev. denied (Minn. Jan.
State of Minnesota v. Zane David Foley Minn. Ct. App. 2024
State of Minnesota v. Zane David Foley Minn. Ct. App. 2024
-91 (Minn. App. 1995), rev. denied (Minn. Jan.
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2019
d 88, 91 (Minn. App. 1995) (determining that defendant exhibited particular cruelty against a particularly-vulnerable victim where defendant kicked a pregnant woman on the ground while she was without an effective means of defense), review denied (Minn. Jan.
Steven James Hayes, petitioner, Appellant, Minn. Ct. App. 2019
“Depending on the circumstances of the assault, hands and feet may be dangerous weapons.” review denied (Minn. Jan.
State of Minnesota, Respondent, Minn. Ct. App. 2018
When a person uses his feet to kick a victim on the ground while the victim is without effective means of defense, the person’s feet are deadly weapons “calculated or likely to produce death or great bodily harm.” State v. Davis , review denied (Minn. Jan.
State of Minnesota, Respondent, Minn. Ct. App. 2018
19, 1985); State v. Davis , (upward departure affirmed in assau lt with kicking of pregnant woman), review denied (Minn. Jan.
State v. Marinaro 768 N.W.2d 393 Minn. Ct. App. 2009
State v. Marinaro 768 N.W.2d 393 Minn. Ct. App. 2009
(noting that credibility determinations are province of district court in bench trial), review denied (Minn. Jan.
State v. Jorgenson 758 N.W.2d 316 Minn. Ct. App. 2008
State v. Jorgenson 758 N.W.2d 316 Minn. Ct. App. 2008
-91 (Minn.App.1995) (citations omitted), review denied (Minn. Jan.
State v. Stevenson 637 N.W.2d 857 Minn. Ct. App. 2002
State v. Stevenson 637 N.W.2d 857 Minn. Ct. App. 2002
review denied (Minn. Jan.
State v. Ortiz 626 N.W.2d 445 Minn. Ct. App. 2001
State v. Ortiz 626 N.W.2d 445 Minn. Ct. App. 2001
(evidence insufficient to support that fists were used as a dangerous weapon); (hands and feet were, dangerous weapons in assault of pregnant woman).
State v. Cepeda 588 N.W.2d 747 Minn. Ct. App. 1999
State v. Cepeda 588 N.W.2d 747 Minn. Ct. App. 1999
See, (scissors considered to be a dangerous weapon); -91 (Minn.App.1995) (hands and feet held to be dangerous weapons), review denied (Minn. Jan.
State v. Basting 572 N.W.2d 281 Minn. 1997
State v. Basting 572 N.W.2d 281 Minn. 1997
State v. Esler 553 N.W.2d 61 Minn. Ct. App. 1996
State v. Esler 553 N.W.2d 61 Minn. Ct. App. 1996
(), review denied (Minn. Jan.
State v. Behl 547 N.W.2d 382 Minn. Ct. App. 1996
State v. Behl 547 N.W.2d 382 Minn. Ct. App. 1996