Cited by

Opinions in Minnesota that cite State v. Lory, 559 N.W.2d 425.

27 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2024
1, a person “may be convicted of either the crime charged or an included offense, but not both.” “Second-degree felony murder is a lesser-included offense of second- degree intentional murder.” 428-29 (Minn. App. 1997), rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2024
In State v. Lory, this court held that “[s]econd-degree felony murder is a lesser -included offense of second -degree intentional murder.” rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2024
” State v. Lory , 428-29 (Minn. App. 1997), rev. denied (Minn. Apr.
State of Minnesota v. Matthew Starnes Minn. Ct. App. 2024
State of Minnesota v. Matthew Starnes Minn. Ct. App. 2024
-28 (Minn. App. 1997), rev. denied (Minn. Apr.
State of Minnesota v. Jeffrey Velt Murray Minn. Ct. App. 2024
State of Minnesota v. Jeffrey Velt Murray Minn. Ct. App. 2024
“Whether an offense is a ‘lesser-included offense’ is determined by examining the elements of the offense rather than the facts of a particular case.” d 425, 428 (Minn. App. 1997) (), rev. denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2023
(“ Second-degree felony murder is a lesser - included offense of second -degree intentional murder.” ), rev. denied (Minn. Apr.
Antonio Xavier Daniels, petitioner, Appellant, Minn. Ct. App. 2020
In State v. Lory , this court addressed the issue of whether second -degree felony murder is a lesser included of fense to second -degree intentional murder and held that, “Second-degree felony murder is a lesser -included offense of second -degree intentional murder.” review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2020
Second-degree “felony murder is an included offense of second -degree intentional murder.” State v. Lory , -29 (Minn. App. 1997), review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2020
Because “[s]econd-degree felony murder does not require a showing of intent,” State v. Dimmick , it is a “lesser -included offense of second-degree intentional murder,” (syllabus), review denied (Minn. Apr.
State of Minnesota, Respondent, Minn. Ct. App. 2018
review denied (Minn. Apr.
State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
State of Minnesota v. Eric James Rutherford Minn. Ct. App. 2016
-28 (Minn. App. 1997), review denied (Minn. Apr.
State of Minnesota v. James Wayne Davis-Drew Minn. Ct. App. 2016
State of Minnesota v. James Wayne Davis-Drew Minn. Ct. App. 2016
“[F]elony murder is an included offense of second-degree intentional murder.” –29 (Minn. App. 1997), review denied (Minn. Apr.
State of Minnesota v. Larry Darnell Lakes Minn. Ct. App. 2015
State of Minnesota v. Larry Darnell Lakes Minn. Ct. App. 2015
at 587 ( review denied (Minn. July 20, 2010); review denied (Minn. Apr.
State of Minnesota v. Antonio Joseph Deluney Minn. Ct. App. 2015
State of Minnesota v. Antonio Joseph Deluney Minn. Ct. App. 2015
But a “lesser-included offense” is not a “different offense.” -29 (Minn. App. 1997), review denied (Minn. Apr.
State of Minnesota v. Ronald Matthew Quiceno Minn. Ct. App. 2015
State of Minnesota v. Ronald Matthew Quiceno Minn. Ct. App. 2015
“Whether an offense is a lesser-included offense is determined by examining the elements of the offense rather than the facts of a particular case.” review denied (Minn. Apr.
State v. Bakdash 830 N.W.2d 906 Minn. Ct. App. 2013
State v. Bakdash 830 N.W.2d 906 Minn. Ct. App. 2013
P. 17.05 provides that the [district] court may permit amendment of an indictment at any time before the verdict if no additional or different offense is charged and the substantial rights of the defendant are not prejudiced.” (quotation omitted), review denied (Minn. Apr.
Tucker v. State 799 N.W.2d 583 Minn. 2011
Tucker v. State 799 N.W.2d 583 Minn. 2011
See, rev. denied (Minn. July 20, 2010); rev. denied (Minn. Apr.