Legal Opinion

State v. McCormick

Court of Appeals of Minnesota

Decided August 12, 2013No. A12-1253PublishedCited by 11 opinions

1Opinion of the Court

OPINION

RODENBERG, Judge.

On appeal from a grant of a new trial after a jury verdict finding appellant guilty of second-degree manslaughter, appellant argues that (1) the district court erred by not granting a motion for judgment of acquittal and (2) he is protected from retrial by the double jeopardy provisions of the United States and Minnesota Constitutions. We reverse.

FACTS

On the evening of November 5, 2010, appellant Kevin McCormick discovered a deer stand, which he believed was located on his property.1 The deer stand was a raised platform supported by one-inch metal tubing. The stand had…

2Cases cited31 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Oregon v. KennedySupreme Court of the United States · 1982
  3. State v. AndersenSupreme Court of Minnesota · 2010
  4. State v. FullerSupreme Court of Minnesota · 1985
  5. State v. AskeroothSupreme Court of Minnesota · 2004

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

3Cited by11 opinions

  1. State v. HarrisSupreme Court of Minnesota · 2017
  2. State of Minnesota v. Dominic Jason Allen SamCourt of Appeals of Minnesota · 2015
  3. State of Minnesota v. Armando DeLaCruz, Jr.Court of Appeals of Minnesota · 2016
  4. Daniel Peter Frisch v. State of MinnesotaCourt of Appeals of Minnesota · 2014
  5. Marquise Deshawn Flynn v. State of Alabama. (Appeal from Montgomery Circuit Court: CC-18-1178).Court of Criminal Appeals of Alabama · 2024

6 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