Legal Opinion

State v. Hersi

Court of Appeals of Minnesota

Decided March 31, 2009No. A08-0038PublishedCited by 3 opinions

1Opinion of the Court

OPINION

LARKIN, Judge.

Appellant challenges his conviction for gross misdemeanor interference with an emergency call, arguing that the jury instructions improperly omitted a necessary element of the offense and that the evidence was insufficient to sustain his conviction. We hold that the evidence presented at trial was sufficient to sustain appellant’s conviction. But because the jury instructions improperly omitted a necessary element of the offense and the omission affected appellant’s substantial rights, we reverse and remand for a new trial.

FACTS

The state charged appellant Abdiwali Hersi…

2Cases cited16 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 1997
  2. State v. GrillerSupreme Court of Minnesota · 1998
  3. State v. WebbSupreme Court of Minnesota · 1989
  4. State v. MooreSupreme Court of Minnesota · 1989
  5. Bernhardt v. StateSupreme Court of Minnesota · 2004

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

3Cited by3 opinions

  1. State v. MonterminiCourt of Appeals of Minnesota · 2012
  2. State v. McCauleyCourt of Appeals of Minnesota · 2012
  3. State v. BrandesCourt of Appeals of Minnesota · 2010

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