Legal Opinion

State of Minnesota v. Roger Benedict Schmid

Supreme Court of Minnesota

Decided February 25, 2015No. A13-337PublishedCited by 19 opinions

1Opinion of the Court

OPINION

LILLEHAUG, Justice.

A Department of Natural Resources officer encountered Roger Schmid sitting in a camouflaged ATV blind in an open field, wearing blaze orange, and possessing a loaded gun. Schmid was charged and convicted under Minn.Stat. § 97B.301 (2014), which states that a person may not “take” deer without a license. Schmid moved for a judgment of acquittal. The district court denied his motion, and the court of appeals affirmed. The court of appeals defined “take” by the statutory definition of “taking,” which includes “pursuing” and “attempting to take,” and held that Schmid’s…

2Cases cited25 opinions

  1. United States v. WilsonSupreme Court of the United States · 1992
  2. Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932
  3. Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
  4. American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
  5. American Tower, L.P. v. City of GrantSupreme Court of Minnesota · 2001

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3Cited by19 opinions

  1. State of Minnesota v. Timothy John BakkenSupreme Court of Minnesota · 2016
  2. Mary Cocchiarella v. Donald DriggsCourt of Appeals of Minnesota · 2015
  3. State v. WashingtonSupreme Court of Minnesota · 2018
  4. In the Matter of Minnesota Department of Natural Resources Special Permit No. 16868 (December 21, 2012) issued to Lynn RogersCourt of Appeals of Minnesota · 2015
  5. State v. WoodCourt of Appeals of Minnesota · 2019

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