lesser included instruction (Minnesota) · Go Syfert
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lesser included instruction in Minnesota

7 Minnesota opinions name it 2 courts 2003–2026 3 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 (2)

CaseFollowedCited
State v. Harrisgreen
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2023–2023
1 sentence

2023In State v. Harris, we determined that the district court abused its discretion by not giving the lesser-included instruction on second-degree felony murder. 713 N.W.2d 844, 850 (Minn. 2006).

11
State v. Guerragreen
minnctapp · 1997 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016Contrary to appellant’s assertion it does not appear that his defense was “keyed” to the force or coercion element, nor did the lesser-included instruction require a “substantially different defense.” Cf. Guerra, 562 N.W.2d at 14 (determining a defendant was prejudiced when his defense was keyed to the charged offense and the constructive amendment required a substantially different offense).

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
State v. Dahlin green
minn · 2005
2 sentences

2026Id. 33 Even if a first-degree heat-of-passion manslaughter instruction should have been given (an issue we do not reach), Tillman was not prejudiced by any failure to do so.

2026Id. 33 Even if a first-degree heat-of-passion manslaughter instruction should have been given (an issue we do not reach), Tillman was not prejudiced by any failure to do so.

32016–2026
State v. Pflepsen green
minn · 1999
1 sentence

2017The supreme court has “long recognized that the ‘conviction’ prohibited by [section 609.04] is not a guilty verdict, but is rather a formal adjudication of guilt.” Pflepsen, 590 N.W.2d at 2 Minnesota Statutes section 609.04 is distinct from section 609.035, which addresses punishment for multiple convictions.

12017–2017
Bellcourt v. State green
minn · 1986
1 sentence

2003Id.

12003–2003

Statutes the citing opinions construe

MN § Minn. Stat. § 609.04 (4) MN § Minn. Stat. § 609.185 (4) MN § Minn. Stat. § 609.19 (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 142 (1997–2025) WA 107 (1986–2026) CA 68 (1968–2026) KS 57 (1980–2026) AZ 50 (1981–2025) MO 48 (1989–2024) IL 42 (1978–2026) MS 41 (1989–2023) NM 31 (1993–2025) IN 24 (1984–2025) WI 24 (1986–2025) OH 24 (1988–2022) MI 23 (2002–2026) AR 21 (1981–2026) OK 20 (1988–2023) KY 20 (1982–2025) MA 18 (1997–2025) NC 18 (1994–2026) TN 16 (2002–2026) DC 16 (1984–2017) FL 16 (1987–2020) OR 13 (1978–2021) UT 12 (1986–2021) AK 9 (1979–2016) AL 8 (1989–2025) MT 8 (1994–2025) CO 8 (2000–2026) MN 7 (2003–2026) NE 6 (2001–2025) SD 6 (1993–2025) WV 6 (2013–2026) WY 4 (1992–2017) HI 4 (1997–2014) RI 4 (1999–2016) VA 3 (1995–2013) VT 3 (2010–2025) NV 3 (2006–2017) GA 3 (2015–2025) NY 2 (2002–2008) DE 2 (1995–2022) NJ 2 (2009–2022) IA 2 (2023–2024) ID 2 (1993–2011) NH 2 (1975–2020) CT 2 (1995–1999)

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.

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