Legal Opinion
State of Minnesota v. Brian Kenneth Moore
Court of Appeals of Minnesota
Decided May 11, 2015No. A14-358PublishedCited by 2 opinions
1Opinion of the Court
OPINION
JOHNSON, Judge.
Brian Kenneth Moore was charged with third-degree criminal sexual conduct in violation of section 609.344, subdivision 1(c), of the Minnesota Statutes. That particular form of third-degree criminal sexual conduct requires proof that a defendant used “force or coercion to accomplish [sexual] penetration.” In this case, the state sought to persuade the jury that Moore used force, but not coercion, to accomplish sexual penetration. A Sherburne County jury returned a verdict of guilty.
On appeal, Moore’s primary argument is that the district court erred by not instructing the…
2Cases cited35 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Holmes v. South CarolinaSupreme Court of the United States · 2006
- State v. GrillerSupreme Court of Minnesota · 1998
- Griego v. PeopleSupreme Court of Colorado · 2001
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3Cited by2 opinions
- State v. EdwardsCourt of Appeals of Minnesota · 2017
- State v. BauerCourt of Appeals of Minnesota · 2019