omission instruction (Minnesota) · Go Syfert
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omission instruction in Minnesota

10 Minnesota opinions name it 2 courts 1932–2016 0 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.

Followed or applied (4)

CaseFollowedCited
State v. Leegreen
minn · 2004 · cited in 2 Minnesota opinions naming this issue, 2006–2014
2 sentences

2006In finding the omission of the instruction harmless, we indicated that the testimony was "corroborated by other evidence," and that, "[i]n closing argument, the state focused on the evidence corroborating [the accomplice's] testimony, including that of Lee, as well as evidence independently connecting Lee to the offenses." Id. at 316-17 .

2006In finding the omission of the instruction harmless, we indicated that the testimony was “corroborated by other evidence,” and that, “[i]n closing argument, the state focused on the evidence corroborating [the accomplice’s] testimony, including that of Lee, as well as evidence independently connecting Lee to the offenses.” Id. at 316-17 .

12
State v. Goodloegreen
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016See State v. Goodloe, 718 N.W.2d 413 , 422 n.6 (noting that failure to request a jury instruction is a forfeiture, rather than a waiver, of the right to object to the omission of that instruction on appeal).

11
State v. Grillergreen
minn · 1998 · cited in 1 Minnesota opinions naming this issue, 2015–2015
1 sentence

2015See State v. Griller, 583 N.W.2d 736, 740 (Minn. 1980).

11
Latourelle v. Horangreen
minn · 1942 · cited in 1 Minnesota opinions naming this issue, 2009–2009
2 sentences

2009The district court’s instructions to the jury defined an emergency call as “(1) a 911 call; (2) any call for emergency medical or ambulance service; (3) or any call for assistance from a police or fire department or for other assistance needed in an emergency to avoid serious harm to person or property.” Thus, the district court’s instruction tracked the statutory definition of “emergency call” but omitted the final qualifying phrase, “and an emergency exists.” Under the plain-error analysis, we must first determine if the omission from the instruction was error. “[I]n order to fulfill [its] j

2009The district court’s instructions to the jury defined an emergency call as “(1) a 911 call; (2) any call for emergency medical or ambulance service; (3) or any call for assistance from a police or fire department or for other assistance needed in an emergency to avoid serious harm to person or property.” Thus, the district court’s instruction tracked the statutory definition of “emergency call” but omitted the final qualifying phrase, “and an emergency exists.” Under the plain-error analysis, we must first determine if the omission from the instruction was error. “[I]n order to fulfill [its] j

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Stebbins v. Friend, Crosby Company neutral
minn · 1932
1 sentence

2015And while the Minnesota Supreme Court has held that “the omission of the requirement of the revenue statute is not . . . controlling,” it further commented that such an omission “is significant.” Westberg, 185 Minn. at 310 , 241 N.W. at 317 .

12015–2015
Westberg v. Wilson green
minn · 1932
1 sentence

2015And while the Minnesota Supreme Court has held that “the omission of the requirement of the revenue statute is not . . . controlling,” it further commented that such an omission “is significant.” Westberg, 185 Minn. at 310 , 241 N.W. at 317 .

12015–2015
State v. Cross green
minn · 1998
1 sentence

2009And “[d]ue process requires that every element of the offense charged must be proven beyond a reasonable doubt by the prosecution.” Cross, 577 N.W.2d at 726 .

12009–2009
State v. Shoop green
minn · 1989
1 sentence

2004Our decision that the omission of an instruction on accomplice corroboration was harmless error "similarly reflects our rejection of defendant's contention that the evidence corroborating [Her's] testimony was insufficient.” See Shoop, 441 N.W.2d at 482 .

12004–2004
Kukowski v. Wm. Miller Scrap Iron & Metal Co. green
minnctapp · 1984
1 sentence

1985Noting our disapproval for such a procedure, we found the clerk’s omission of an instruction to be “crucial error.” Id. at 644 .

11985–1985
Kline v. Minnesota green
scotus · 1964
2 sentences

1970Affirmed. * Acting as Justice of the Supreme Court by appointment pursuant to Minn. Const, art. 6, § 2, and Minn. St. 2.724, subd. 2. 1 State v. Kline, 266 Minn. 372, 374 , 124 N. W. (2d) 416, 418 , certiorari denied, 376 U. S. 962 , 84 S. Ct. 1124 ,11 L. ed. (2d) 980, and cases cited in note 2. 2 State v. Norlander, 277 Minn. 463 , 152 N. W. (2d) 774 .

1970Affirmed. * Acting as Justice of the Supreme Court by appointment pursuant to Minn. Const, art. 6, § 2, and Minn. St. 2.724, subd. 2. 1 State v. Kline, 266 Minn. 372, 374 , 124 N. W. (2d) 416, 418 , certiorari denied, 376 U. S. 962 , 84 S. Ct. 1124 ,11 L. ed. (2d) 980, and cases cited in note 2. 2 State v. Norlander, 277 Minn. 463 , 152 N. W. (2d) 774 .

11970–1970
State v. Kline green
minn · 1963
2 sentences

1970Affirmed. * Acting as Justice of the Supreme Court by appointment pursuant to Minn. Const, art. 6, § 2, and Minn. St. 2.724, subd. 2. 1 State v. Kline, 266 Minn. 372, 374 , 124 N. W. (2d) 416, 418 , certiorari denied, 376 U. S. 962 , 84 S. Ct. 1124 ,11 L. ed. (2d) 980, and cases cited in note 2. 2 State v. Norlander, 277 Minn. 463 , 152 N. W. (2d) 774 .

1970Affirmed. * Acting as Justice of the Supreme Court by appointment pursuant to Minn. Const, art. 6, § 2, and Minn. St. 2.724, subd. 2. 1 State v. Kline, 266 Minn. 372, 374 , 124 N. W. (2d) 416, 418 , certiorari denied, 376 U. S. 962 , 84 S. Ct. 1124 ,11 L. ed. (2d) 980, and cases cited in note 2. 2 State v. Norlander, 277 Minn. 463 , 152 N. W. (2d) 774 .

11970–1970
State v. Norlander neutral
minn · 1967
2 sentences

1970Affirmed. * Acting as Justice of the Supreme Court by appointment pursuant to Minn. Const, art. 6, § 2, and Minn. St. 2.724, subd. 2. 1 State v. Kline, 266 Minn. 372, 374 , 124 N. W. (2d) 416, 418 , certiorari denied, 376 U. S. 962 , 84 S. Ct. 1124 ,11 L. ed. (2d) 980, and cases cited in note 2. 2 State v. Norlander, 277 Minn. 463 , 152 N. W. (2d) 774 .

1970Affirmed. * Acting as Justice of the Supreme Court by appointment pursuant to Minn. Const, art. 6, § 2, and Minn. St. 2.724, subd. 2. 1 State v. Kline, 266 Minn. 372, 374 , 124 N. W. (2d) 416, 418 , certiorari denied, 376 U. S. 962 , 84 S. Ct. 1124 ,11 L. ed. (2d) 980, and cases cited in note 2. 2 State v. Norlander, 277 Minn. 463 , 152 N. W. (2d) 774 .

11970–1970
Lundeen v. Nyborg green
minn · 1925
2 sentences

1932While the omission of the requirement of the revenue statute is not here controlling, Farmers Bank v. Woolery, 156 Minn. 193 , 194 N. W. 759 ; Lundeen v. Nyborg, 161 Minn. 391 , 201 N. W. 623 , it is significant.

1932While the omission of the requirement of the revenue statute is not here controlling, Farmers Bank v. Woolery, 156 Minn. 193 , 194 N. W. 759 ; Lundeen v. Nyborg, 161 Minn. 391 , 201 N. W. 623 , it is significant.

11932–1932
Farmers Bank v. Woolery neutral
minn · 1923
2 sentences

1932While the omission of the requirement of the revenue statute is not here controlling, Farmers Bank v. Woolery, 156 Minn. 193 , 194 N. W. 759 ; Lundeen v. Nyborg, 161 Minn. 391 , 201 N. W. 623 , it is significant.

1932While the omission of the requirement of the revenue statute is not here controlling, Farmers Bank v. Woolery, 156 Minn. 193 , 194 N. W. 759 ; Lundeen v. Nyborg, 161 Minn. 391 , 201 N. W. 623 , it is significant.

11932–1932

Statutes the citing opinions construe

MN § Minn. Stat. § 480A.08 (4)

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.

Where else courts name it

TX 299 (1896–2026) CA 138 (1888–2026) IL 54 (1885–2026) MI 53 (1886–2023) FL 46 (1892–2025) PA 46 (1871–2025) GA 44 (1895–2026) MA 43 (1825–2026) NY 40 (1883–2024) MO 34 (1887–2017) WA 33 (1927–2026) NC 30 (1888–2026) TN 29 (1917–2025) CT 26 (1927–2026) LA 26 (1927–2026) KS 21 (1884–2024) IN 21 (1892–2019) OH 20 (1921–2026) NJ 19 (1990–2024) KY 19 (1906–2026) OK 17 (1909–2018) AL 15 (1905–2023) AZ 14 (1989–2024) DC 13 (1885–2026) MN 10 (1932–2016) ID 10 (1948–2024) MS 10 (1979–2025) OR 10 (1915–2022) MT 9 (1900–2005) ND 8 (1957–2025) NM 7 (1972–2020) MD 7 (1910–2020) VT 6 (1929–2025) ME 6 (1829–2014) IA 6 (1899–2023) HI 5 (2002–2020) WI 5 (1979–2017) NV 5 (1950–2021) UT 4 (1983–2021) SD 4 (1894–1947) AK 4 (1974–2012) SC 3 (1964–2016) AR 3 (1910–2016) DE 3 (1915–2023) PR 3 (1933–1967) WY 3 (1909–2018) WV 2 (1917–2001) NH 2 (1986–2018) CO 2 (1933–1989)

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.

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