Legal Opinion

State v. Porte

Court of Appeals of Minnesota

Decided June 24, 2013No. A12-1372PublishedCited by 24 opinions

1Opinion of the Court

OPINION

JOHNSON, Chief Judge.

A Rochester police officer found crack cocaine inside a van that Elvis Joko Porte was driving. An Olmsted County jury found Porte guilty of, among other things, first-degree and second-degree controlled-substance offenses. On appeal, Porte raises several issues. We conclude that the evidence is sufficient to support his controlled-substance convictions. But we conclude that the district court erred by giving a permissive-inference instruction to the jury. Therefore, we reverse and remand for a new trial.

FACTS

On February 24, 2011, a woman reported that her van,…

2Cases cited36 opinions

  1. State v. MooreSupreme Court of Minnesota · 1989
  2. United States v. Jose Luis Gonzalez-FloresCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. Guy Giovannetti and Nicholas JanisCourt of Appeals for the Seventh Circuit · 1991
  4. United States v. PryceCourt of Appeals for the D.C. Circuit · 1991
  5. Rozanne E. King Alisha Jane King Dacie S. Houston, Individually and as Mother and Next Friend of Skylar Dwayne Ostrander, Chay Cortez Ostrander, and Adlia William Cortez Flood III Brandy R. Drake, Individually and as Mother and Next Friend of Logan Genner Luhmann, Susan Maule, Stephanie Maule, and Jacob Maule Michael Campbell, Individually and as Father and Next Friend of George Campbell and SophSupreme Court of Iowa · 2012

31 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Pemberton v. StateNorth Dakota Supreme Court · 2021
  2. State v. McCormickCourt of Appeals of Minnesota · 2013
  3. State of Minnesota v. Dominic Jason Allen SamCourt of Appeals of Minnesota · 2015
  4. State v. GermanCourt of Appeals of Minnesota · 2019
  5. State of Minnesota v. Joel Patrick RodriguezCourt of Appeals of Minnesota · 2017

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API