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14 Minnesota opinions name it 2 courts 1971–2024 1 in the last five years
The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Schlutergreen2 sentences1984We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Frost, 342 S.W.2d 317 (Minn., 1983); State v. Stapek, 315 N.W.2d 603 (Minn.1982); State v. Harris, 298 N.W.2d 356 (Minn.1980); State v. Crisler, 285 N.W.2d 679 (Minn.1979); and State v. Schluter, 281 N.W.2d 174 (Minn.1979). *277 The general rule is that it is not error to refuse a specific accident instruction, even when the defendant claims that the homicide was accidental, so long as the court’s instructions on intent and related matters are correct. 1983We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Stapek, 315 N.W.2d 603 (Minn.1982), State v. Harris, 298 N.W.2d 356 (Minn.1980), State v. Crisler, 285 N.W.2d 679 (Minn.1979), and State v. Schluter, 281 N.W.2d 174 (Minn.1979). | 1 | 4 |
State v. Stapekgreen2 sentences1984We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Frost, 342 S.W.2d 317 (Minn., 1983); State v. Stapek, 315 N.W.2d 603 (Minn.1982); State v. Harris, 298 N.W.2d 356 (Minn.1980); State v. Crisler, 285 N.W.2d 679 (Minn.1979); and State v. Schluter, 281 N.W.2d 174 (Minn.1979). *277 The general rule is that it is not error to refuse a specific accident instruction, even when the defendant claims that the homicide was accidental, so long as the court’s instructions on intent and related matters are correct. 1983We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Stapek, 315 N.W.2d 603 (Minn.1982), State v. Harris, 298 N.W.2d 356 (Minn.1980), State v. Crisler, 285 N.W.2d 679 (Minn.1979), and State v. Schluter, 281 N.W.2d 174 (Minn.1979). | 1 | 3 |
State v. Boitnottgreen2 sentences2000Citing to State v. Boitnott, 443 N.W.2d 527, 533 (Minn.1989), the court further held that “[bjecause the trial court correctly instructed the jury on intent, it did not err by not giving an accident instruction.” Gustafson, 1999 WL 308621 , at *3. 1994Cf. id. (no error in faffing to give accident instruction where court adequately explained that defendant charged with first degree felony murder and intentional murder had to have acted with intent to cause death). | 1 | 2 |
State v. Spaingreen1 sentence2024Under Minn. Stat. § 609.2113 , subd. 1 (2020): A person is guilty of criminal vehicular operation . . . if the person causes great bodily harm to another not constituting attempted murder or assault as a result of operating a motor vehicle . . . (7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6 . . . . 1 “A ‘departure report’ is a form completed by the sentencing court when the court pronounces a sentence that is a departure from the presumptive sentence.” Minn. Sent’g Guidelines 1.B.6 (Supp. 2021). 5 And Minn. Stat | 1 | 1 |
State v. Rundgreen1 sentence2024“A district court abuses its discretion when its reasons for departure are improper or inadequate.” State v. Rund, 896 N.W.2d 527, 532 (Minn. 2017). | 1 | 1 |
Prahm v. Rupp Construction Co.green1 sentence1982Milbank has never abandoned its insureds nor, by seeking a determination of its coverage, has it repudiated its policy obligations. 2 Mil-bank had a right to determine if its policy afforded coverage for the accident claim, and here Milbank did exactly as we suggested in Prahm v. Rupp Construction Co., 277 N.W.2d 389, 391 (1979), where we said a conflict of interest might be avoided by bringing a declaratory judgment action on the coverage issue prior to trial. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Crisler
green
2 sentences1984We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Frost, 342 S.W.2d 317 (Minn., 1983); State v. Stapek, 315 N.W.2d 603 (Minn.1982); State v. Harris, 298 N.W.2d 356 (Minn.1980); State v. Crisler, 285 N.W.2d 679 (Minn.1979); and State v. Schluter, 281 N.W.2d 174 (Minn.1979). *277 The general rule is that it is not error to refuse a specific accident instruction, even when the defendant claims that the homicide was accidental, so long as the court’s instructions on intent and related matters are correct. 1983We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Stapek, 315 N.W.2d 603 (Minn.1982), State v. Harris, 298 N.W.2d 356 (Minn.1980), State v. Crisler, 285 N.W.2d 679 (Minn.1979), and State v. Schluter, 281 N.W.2d 174 (Minn.1979). | 2 | 1983–1984 |
State v. Harris
neutral
2 sentences1984We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Frost, 342 S.W.2d 317 (Minn., 1983); State v. Stapek, 315 N.W.2d 603 (Minn.1982); State v. Harris, 298 N.W.2d 356 (Minn.1980); State v. Crisler, 285 N.W.2d 679 (Minn.1979); and State v. Schluter, 281 N.W.2d 174 (Minn.1979). *277 The general rule is that it is not error to refuse a specific accident instruction, even when the defendant claims that the homicide was accidental, so long as the court’s instructions on intent and related matters are correct. 1983We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Stapek, 315 N.W.2d 603 (Minn.1982), State v. Harris, 298 N.W.2d 356 (Minn.1980), State v. Crisler, 285 N.W.2d 679 (Minn.1979), and State v. Schluter, 281 N.W.2d 174 (Minn.1979). | 2 | 1983–1984 |
State v. Al-Naseer
green
2 sentences2010Among other things, a conviction for criminal vehicular homicide (leaving the scene) requires the State to prove that the defendant “must have known that there was an accident that involved a person or a vehicle.” Al-Naseer TV, 734 N.W.2d at 687 . 2010Among other things, a conviction for criminal vehicular homicide (leaving the scene) requires the State to prove that the defendant "must have known that there was an accident that involved a person or a vehicle." Al-Naseer IV, 734 N.W.2d at 687 . | 1 | 2010–2010 |
Avis Rent-A-Car System v. Vang
green
1 sentence2001The Avis court reasoned that § 170.54’s use of the word “thereof’ linked the statute’s accident clause to its operation clause. 123 F.Supp.2d at 507 . | 1 | 2001–2001 |
Continental Western Insurance Co. v. Klug
green
2 sentences1991Co. v. Klug, 415 N.W.2d 876 (Minn.1987). 1991Co. v. Klug, 415 N.W.2d 876 (Minn.1987). | 1 | 1991–1991 |
Petersen v. Croft
green
2 sentences1990Id. at 905-906 . 1990Id. at 905-906 . | 1 | 1990–1990 |
State v. Edwards
green
1 sentence1984That being so and given the trial court’s broad discretion under our cases, we conclude that the trial court did not err in refusing to bar the use of defendant’s prior conviction. (e) Defendant’s next argument, that the trial court committed plain error in failing to give an accident instruction, is answered by our recent decision in State v. Edwards, 343 N.W.2d 269 (Minn.1984). | 1 | 1984–1984 |
Rendon v. State
green
1 sentence1984We have considered the issue of whether it was error to refuse to give an accident instruction in a number of cases, including State v. Frost, 342 S.W.2d 317 (Minn., 1983); State v. Stapek, 315 N.W.2d 603 (Minn.1982); State v. Harris, 298 N.W.2d 356 (Minn.1980); State v. Crisler, 285 N.W.2d 679 (Minn.1979); and State v. Schluter, 281 N.W.2d 174 (Minn.1979). *277 The general rule is that it is not error to refuse a specific accident instruction, even when the defendant claims that the homicide was accidental, so long as the court’s instructions on intent and related matters are correct. | 1 | 1984–1984 |
Springrose v. Willmore
green
2 sentences1979In our judgment, the record establishes as a matter of law that the plaintiff did not assume the risk of this accident so as to bar recovery under the doctrine of Springrose v. Willmore, 292 Minn. 23 , 192 N.W.2d 826 (1971). 1979In our judgment, the record establishes as a matter of law that the plaintiff did not assume the risk of this accident so as to bar recovery under the doctrine of Springrose v. Willmore, 292 Minn. 23 , 192 N.W.2d 826 (1971). | 1 | 1979–1979 |
Rogers v. Frush
green
1 sentence1971We hold that this question is governed by the rule adopted in Rogers v. Frush, 257 Md. 233, 239 , 262 A. (2d) 549, 552, where the Court of Appeals of Maryland held: “* * * The fact that the General Assembly almost three years after the accident saw fit to require the wearing of such a protective helmet would not be sufficient ground for concluding that as of the time of the accident such a standard of conduct was expected by the general public * * 2. | 1 | 1971–1971 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.