starting point analysis (Minnesota) · Go Syfert
← Minnesota issues

starting point analysis in Minnesota

10 Minnesota opinions name it 2 courts 1988–2024 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.

Followed or applied (13)

CaseFollowedCited
Gleason v. Metropolitan Council Transit Operationsgreen
minn · 1998 · cited in 5 Minnesota opinions naming this issue, 1999–2024
2 sentences

2001“The starting point for analysis of an immunity question is the identification of ‘the precise governmental conduct at issue.’ ” Gleason v. Metropolitan Council Transit Operations, 563 N.W.2d 309, 315 (Minn.App.1997) (quoting Watson by Hanson v. Metropolitan Transit Comm’n, 553 N.W.2d 406, 415 (Minn.1996)), aff 'd in part, 582 N.W.2d 216 (Minn.1998).

1999“The starting point for analysis of an immunity question is identification of ‘the precise governmental conduct at issue.’ ” Gleason v. Metropolitan Council Transit Ops., 582 N.W.2d 216, 219 (Minn.1998) (quotation omitted).

35
O'SELL v. Petersongreen
minnctapp · 1999 · cited in 1 Minnesota opinions naming this issue, 2015–2015
2 sentences

2015O’Sell v. Peterson is also a case in which the defendant received actual notice of the summons, 595 N.W.2d at 871 , and so cannot provide the starting point for our analysis.

2015O’Sell, however, is useful in that it explains why receipt of actual notice justifies an exception to the normal strict-compliance rule: “evidence that the service actually reached the intended person strongly supports a conclusion that service is valid because due process has been afforded.” Id. at 873 (emphasis added).

11
State v. Harrisgreen
minn · 1999 · cited in 1 Minnesota opinions naming this issue, 2012–2012
2 sentences

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

11
State v. Cartergreen
minn · 1999 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

11
Kahn v. Griffingreen
minn · 2005 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

11
O'CONNOR v. Johnsongreen
minn · 1979 · cited in 1 Minnesota opinions naming this issue, 2012–2012
2 sentences

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

11
State v. Fullergreen
minn · 1985 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

11
PruneYard Shopping Center v. Robinsgreen
scotus · 1980 · cited in 1 Minnesota opinions naming this issue, 2012–2012
2 sentences

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

11
Michigan v. Longgreen
scotus · 1983 · cited in 1 Minnesota opinions naming this issue, 2012–2012
2 sentences

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

2012Indeed, if it was the end of the analysis, there would be no need for a similarly-worded provision in the Minnesota Constitution. 1 We have long recognized the axiom that owing to our “duty to independently safeguard the rights of our citizens,” Kahn v. Griffin, 701 N.W.2d 815, 828 (Minn.2005) (citing State v. Carter, 596 N.W.2d 654, 657 (Minn.1999); State v. Harris, 590 N.W.2d 90, 97 (Minn.1999); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979)), “we can and will interpret our state constitution to afford greater protections of individual civil and political rights than does the federal c

11
Watson v. Metropolitan Transit Commissiongreen
minn · 1996 · cited in 1 Minnesota opinions naming this issue, 2001–2001
1 sentence

2001“The starting point for analysis of an immunity question is the identification of ‘the precise governmental conduct at issue.’ ” Gleason v. Metropolitan Council Transit Operations, 563 N.W.2d 309, 315 (Minn.App.1997) (quoting Watson by Hanson v. Metropolitan Transit Comm’n, 553 N.W.2d 406, 415 (Minn.1996)), aff 'd in part, 582 N.W.2d 216 (Minn.1998).

11
Gleason v. Metropolitan Council Transit Operationsgreen
minnctapp · 1997 · cited in 1 Minnesota opinions naming this issue, 2001–2001
1 sentence

2001“The starting point for analysis of an immunity question is the identification of ‘the precise governmental conduct at issue.’ ” Gleason v. Metropolitan Council Transit Operations, 563 N.W.2d 309, 315 (Minn.App.1997) (quoting Watson by Hanson v. Metropolitan Transit Comm’n, 553 N.W.2d 406, 415 (Minn.1996)), aff 'd in part, 582 N.W.2d 216 (Minn.1998).

11
New York v. Beltonred
scotus · 1981 · cited in 1 Minnesota opinions naming this issue, 2000–2000
2 sentences

2000See New York v. Belton, 453 U.S. 454, 457 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981).

2000See New York v. Belton, 453 U.S. 454, 457 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981).

11
Mangold Midwest Co. v. Village of Richfieldgreen
minn · 1966 · cited in 1 Minnesota opinions naming this issue, 1990–1990
2 sentences

1990Mangold Midwest Co. v. Village of Richfield, 274 Minn. 347, 357 , 143 N.W.2d 813, 820 (1966).

1990Mangold Midwest Co. v. Village of Richfield, 274 Minn. 347, 357 , 143 N.W.2d 813, 820 (1966).

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 (3)

CaseCitedYears
McKane v. Durston green
scotus · 1894
2 sentences

2012While it is true that the United States Supreme Court has indicated that the United States Constitution does not guarantee a right to appeal under the Due Process Clause of the Fourteenth Amendment, see McKane v. Durston, 153 U.S. 684, 687 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894), the conclusion that the United States Constitution does not guarantee one right of review is only the starting point for the analysis, not its conclusion.

2012While it is true that the United States Supreme Court has indicated that the United States Constitution does not guarantee a right to appeal under the Due Process Clause of the Fourteenth Amendment, see McKane v. Durston, 153 U.S. 684, 687 , 14 S.Ct. 913 , 38 L.Ed. 867 (1894), the conclusion that the United States Constitution does not guarantee one right of review is only the starting point for the analysis, not its conclusion.

12012–2012
Rice v. Santa Fe Elevator Corp. green
scotus · 1947
2 sentences

1988Maryland v. Louisiana, 451 U.S. 725, 746 , 101 S.Ct. 2114, 2128 , 68 L.Ed. 2d 576 (1981); Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 , 67 S.Ct. 1146, 1152 , 91 L.Ed. 1447 (1947).

1988Maryland v. Louisiana, 451 U.S. 725, 746 , 101 S.Ct. 2114, 2128 , 68 L.Ed. 2d 576 (1981); Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 , 67 S.Ct. 1146, 1152 , 91 L.Ed. 1447 (1947).

11988–1988
Maryland v. Louisiana green
scotus · 1981
2 sentences

1988Maryland v. Louisiana, 451 U.S. 725, 746 , 101 S.Ct. 2114, 2128 , 68 L.Ed. 2d 576 (1981); Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 , 67 S.Ct. 1146, 1152 , 91 L.Ed. 1447 (1947).

1988Maryland v. Louisiana, 451 U.S. 725, 746 , 101 S.Ct. 2114, 2128 , 68 L.Ed. 2d 576 (1981); Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 , 67 S.Ct. 1146, 1152 , 91 L.Ed. 1447 (1947).

11988–1988

Where else courts name it

CA 83 (1980–2025) OH 81 (1981–2026) TX 63 (1976–2024) CT 60 (1982–2022) OR 50 (1971–2026) PA 33 (1948–2024) NY 31 (1975–2022) FL 29 (1981–2023) MA 28 (1977–2023) NJ 22 (1981–2024) IL 21 (1975–2024) MI 17 (1958–2024) MD 14 (1981–2021) IN 12 (1985–2020) AK 10 (1971–2023) NM 10 (1998–2024) MN 10 (1988–2024) WA 10 (1984–2017) WI 10 (1978–2019) GA 9 (1953–2021) UT 9 (1987–2024) LA 7 (2000–2021) AZ 7 (1990–2026) IA 7 (1990–2025) SC 7 (2000–2023) KS 7 (1978–2022) VA 7 (1999–2019) NC 7 (2000–2022) NE 6 (1991–2019) NH 6 (1996–2024) CO 6 (1980–2015) OK 5 (1947–2018) KY 5 (1995–2024) DC 5 (1975–1981) ID 5 (1971–2014) AL 4 (1982–2003) MO 4 (1982–1990) ME 4 (1979–2018) MT 3 (1977–2001) VT 3 (2012–2024) WY 3 (1989–2016) RI 3 (1997–2013) HI 3 (2000–2024) ND 2 (1989–1991) MS 2 (1999–1999)

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.

← Caselaw search · G Cite Topics · Brief Check