second degree felony-murder instruction (Minnesota) · Go Syfert
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second degree felony-murder instruction in Minnesota

6 Minnesota opinions name it 2 courts 2006–2023 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 (5)

CaseFollowedCited
State v. Harrisgreen
minn · 2006 · cited in 2 Minnesota opinions naming this issue, 2010–2023
2 sentences

2023Id. (“That the jury convicted [the defendant] of the greater offense, despite the availability of the lesser offense or ‘third option,’ indicates that [the defendant] suffered no prejudice from the denial of the second-degree felony murder instruction.”).

2010See State v. Harris, 713 N.W.2d 844, 851 (Minn.2006) (“That the jury convicted Harris of the greater offense, despite the availability of the lesser offense or ‘third option,’ indicates that Harris suffered no prejudice from the denial of the second-degree felony murder instruction.”).

22
State v. Shepherdgreen
minn · 1991 · cited in 2 Minnesota opinions naming this issue, 2006–2007
2 sentences

2007See State v. Shepherd, 477 N.W.2d 512, 514-516 (Minn.1991) (holding that when the jury was instructed as to first-degree premeditated murder, second-degree intentional murder, and first-degree heat of passion manslaughter, and the jury returned a verdict of first-degree premeditated murder, the defendant was not prejudiced by the court’s failure to give a second-degree felony murder instruction).

2006See State v. Shephered, 477 N.W.2d 512, 516 (Minn.1991) (stating that “the fact that the jury concluded that there was premeditated intent to kill, even though they could have opted for either of the lesser included offenses actually submitted to them, is a strong and sufficient indication that the defendant was not prejudiced by the failure to have second degree felony murder submitted”); State v. Merrill, 274 N.W.2d 99,105 (Minn.1978) (determining that when the district court instructed the jury on first-degree premeditated murder and second-degree intentional murder, the failure to give req

22
State v. Dimmickgreen
minn · 1998 · cited in 1 Minnesota opinions naming this issue, 2010–2010
2 sentences

2010Id. at 129-30 (finding that a defendant who robbed a victim, stabbed her 35 times, and left her to die is not entitled to a second-degree felony murder instruction because there is no rational basis for a jury to acquit of first-degree felony murder).

2010Id. at 129-30 (finding that a defendant who robbed a victim, stabbed her 35 times, and left her to die is not entitled to a second-degree felony murder instruction because there is no rational basis for a jury to acquit of first-degree felony murder).

11
State v. Merrillgreen
minn · 1978 · cited in 1 Minnesota opinions naming this issue, 2006–2006
1 sentence

2006See State v. Shephered, 477 N.W.2d 512, 516 (Minn.1991) (stating that “the fact that the jury concluded that there was premeditated intent to kill, even though they could have opted for either of the lesser included offenses actually submitted to them, is a strong and sufficient indication that the defendant was not prejudiced by the failure to have second degree felony murder submitted”); State v. Merrill, 274 N.W.2d 99,105 (Minn.1978) (determining that when the district court instructed the jury on first-degree premeditated murder and second-degree intentional murder, the failure to give req

11
State v. Dahlingreen
minn · 2005 · cited in 1 Minnesota opinions naming this issue, 2006–2006
1 sentence

2006See State v. Shephered, 477 N.W.2d 512, 516 (Minn.1991) (stating that “the fact that the jury concluded that there was premeditated intent to kill, even though they could have opted for either of the lesser included offenses actually submitted to them, is a strong and sufficient indication that the defendant was not prejudiced by the failure to have second degree felony murder submitted”); State v. Merrill, 274 N.W.2d 99,105 (Minn.1978) (determining that when the district court instructed the jury on first-degree premeditated murder and second-degree intentional murder, the failure to give req

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 (1)

CaseCitedYears
State v. Prtine green
minn · 2010
1 sentence

2011Id.

12011–2011

Statutes the citing opinions construe

MN § Minn. Stat. § 609.04 (3) MN § Minn. Stat. § 609.185 (3)

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

CA 147 (1969–2026) MO 13 (1986–2018) NV 7 (1983–2014) MN 6 (2006–2023) MD 4 (2005–2018) WA 3 (2005–2007) OK 2 (1988–2011) AL 2 (2000–2018)

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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