Court of Appeals of Minnesota· 9/28/2010
State v. Austin
Citations
- 788 N.W.2d 788
- 2010 Minn. App. LEXIS 147
- 2010 WL 3744315
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that sexual intent is an act “based on sexual desire or in pursuit of sexual gratification” and “typically must be inferred from the nature of the conduct itself”
- requiring state to show that defendant acted with sexual or aggressive intent and that defendant’s act involved intentional touching of intimate parts
- applying the doctrine to mistaken identity facts and finding “[t]he doctrine applies when a defendant claims that ‘bad aim’ or a mistaken identity resulted in the crime affecting a victim other than the intended victim”
- “[A] showing of sexual intent does not require direct evidence of 4 the defendant’s desires or gratification because a subjective sexual intent typically must be inferred from the nature of the conduct itself.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Toussaint, Wright, Muehlberg
Read full opinion on CourtListenerCited by
1 case in this archive cites this case.
Cites
16 cases in this archive are cited by this case.
- State v. MerrillSupreme Court of Minnesota· 1990-01-19· cited 96×
- State v. VickSupreme Court of Minnesota· 2001-08-30· cited 70×
- State v. ColvinSupreme Court of Minnesota· 2002-06-13· cited 64×
- State v. FardanSupreme Court of Minnesota· 2009-10-22· cited 54×
- State v. StevensonSupreme Court of Minnesota· 2003-02-06· cited 46×
- Davis v. StateSupreme Court of Minnesota· 1999-06-10· cited 45×
- State v. PendletonSupreme Court of Minnesota· 2009-01-29· cited 44×
- State v. MilesSupreme Court of Minnesota· 1998-10-08· cited 36×
- State v. CharltonSupreme Court of Minnesota· 1983-09-02· cited 34×
- State v. Al-NaseerSupreme Court of Minnesota· 2007-07-12· cited 32×
- State v. TorresSupreme Court of Minnesota· 2001-08-16· cited 28×
- State v. LivingstonCourt of Appeals of Minnesota· 1988-03-01· cited 17×
- State v. Cruz-RamirezSupreme Court of Minnesota· 2009-08-27· cited 16×
- State v. AhmedCourt of Appeals of Minnesota· 2010-05-11· cited 13×
- State v. StevensonCourt of Appeals of Minnesota· 2002-01-08· cited 5×
- State v. SkapyakCourt of Appeals of Minnesota· 2005-08-23· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.