§ 609.18

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (74)

Minnesota Supreme Court

State v. Mouelle · 2019 1 citation

+ 1 more citation in this opinion.

State v. Thoresen · 2019 1 citation

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State v. Galvan · 2018 3 citations

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State v. Petersen · 2018 1 citation

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Loving v. State · 2017 1 citation

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State of Minnesota v. Anthony James Cox · 2016 7 citations

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Darek Jon Nelson v. State of Minnesota · 2016 1 citation

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State of Minnesota v. Marcus Michael Barshaw · 2016 2 citations

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State of Minnesota v. Thomas James Fox · 2015 1 citation

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State v. Moore · 2014 1 citation

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State v. Chavarria-Cruz · 2013 1 citation

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State v. Silvernail · 2013 1 citation [Concurrence]

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Hawes v. State · 2013 1 citation

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State v. Hurd · 2012 2 citations

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State v. Ortega · 2012 1 citation

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State v. Palmer · 2011 4 citations

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State v. Caldwell · 2011 1 citation

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State v. Hill · 2011 1 citation

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State v. Anderson · 2010 4 citations

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State v. Raleigh · 2010 1 citation

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State v. Yang · 2009 1 citation

Appellant argues that the evidence presented at trial was insufficient to prove, beyond a reasonable doubt, that the shootings were premeditated. A person who “causes the death of a human being with premeditation and with intent to effect the death of the person” is guilty of first-degree murder. Minn. Stat. § 609.185(a)(1) (2008). Premeditation means “to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.” Minn. Stat. § 609.18 (2008). Premeditation is “generally proven through circumstantial evidence” and often inferred from the totality of circumstances surrounding the killing. State v. Hughes, 749 N.W.2d 307, 312 (Minn.2008) (citation omitted) (internal quotation marks omitted). We consider three categories of evidence relevant to an inference of premeditation: planning activity, motive, and the nature of the killing. Id. at 313.

State v. Vang · 2009 1 citation

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State v. Fort · 2009 1 citation

Appellant Eugene Erick Fort was convicted of first-degree premeditated murder, Minn. Stat. § 609.185(a)(1) (2008), and first-degree murder while committing burglary, Minn. Stat. § 609.185(a)(3), in connection with the December 15, 1990, stabbing death of 11-year-old Marcus Potts. Fort asserts five errors, and also raises additional arguments in his pro se brief. We affirm in part and hold that Fort’s asserted errors do not require reversal of his first-degree premeditated murder conviction. We do, however, reverse Fort’s conviction for first-degree felony murder.

State v. Hughes · 2008 1 citation

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State v. Holliday · 2008 1 citation

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State v. Clark · 2007 1 citation

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State v. McArthur · 2007 1 citation

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State v. Kendell · 2006 1 citation

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State v. Hall · 2006 4 citations

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State v. Goodloe · 2006 4 citations

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State v. Leake · 2005 1 citation

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State v. Fields · 2004 1 citation

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State v. Smith · 2003 2 citations

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State v. Quick · 2003 2 citations

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State v. Rhodes · 2003 1 citation

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State v. Chomnarith · 2003 2 citations

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State v. Gillam · 2001 2 citations

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State v. Johnson · 2000 2 citations

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State v. Thomas · 1999 1 citation

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State v. Warren · 1999 1 citation

On January 18, 1995, a St. Louis County jury convicted Todd Michael Warren of three separate counts of murder in the first degree in violation of Minn. Stat. § 609.185(1) (1998) for the March 28, 1994, shooting deaths of Samuel Witherspoon, Keith Hermanson, and Peter Moore. Warren was sentenced to three concurrent life sentences. Warren appealed his convictions to this court and the state appealed the trial court’s imposition of concurrent sentences to the court of appeals, which dismissed the state’s appeal for lack of jurisdiction. 1 Warren thereafter filed a motion with this court to stay his direct appeal and remand to the district court for postcon-viction proceedings, which was granted. Warren’s petition for postconviction relief alleged: (1) that he was denied a fair trial by the denial of his motion for a change of venue; (2) that he was denied the right to present a defense by the trial court’s eviden-tiary rulings that limited the amount of evidence about the details of alleged sexual assaults that took place on the night of the murders; and (8) that he should be granted a new trial to present the “newly available” testimony of his accomplice, Doug Towle. The postconviction court denied Warren's petition in all respects. We granted the state’s petition for further review on the sentencing issue and consolidated it with Warren’s post-conviction and direct appeals.

State v. Profit · 1999 2 citations

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State v. Brocks · 1998 1 citation

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State v. Griese · 1997 2 citations

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State v. Cooper · 1997 2 citations

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State v. Netland · 1995 4 citations

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State v. Moore · 1992 2 citations

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State v. Shepherd · 1991 1 citation

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State v. Pilcher · 1991 1 citation

The evidence of premeditation is also sufficient to support conviction. The statute defines premeditation as to “consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.” Minn. Stat. § 609.18 (1990). The requisite plan to commit first degree murder can be formulated virtually instantaneously. Neumann, 262 N.W.2d at 430. Premeditation is usually inferred from the totality of the circumstances surrounding the crime. State v. Buchanan, 431 N.W.2d 542, 547 (Minn.1988). While length and severity of a beating could show premeditation, State v. Walker, 306 Minn. 105, 120, 235 N.W.2d 810, 820 (1975), cert. denied 426 U.S. 950, 96 S.Ct. 3172, 49 L.Ed.2d 1187 (1976), a mere series of blows is not enough to justify finding premeditation. State v. Swain, 269 N.W.2d 707, 714 (Minn.1978) (victim killed by seven blows to the head). Likewise, death by strangulation, by itself, does not support an inference of premeditation. See State v. Hyatt, 402 N.W.2d 614, 617 (Minn.App.1987) rev. dismissed (Minn. April 29, 1987). However, a severe beating together with other circumstances may be sufficient to sustain a finding of premeditation. See State v. McCullum, 289 N.W.2d 89, 92 (Minn.1979).

State v. Brom · 1990 2 citations

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State v. Alton · 1988 1 citation

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State v. Buchanan · 1988 1 citation

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State v. Flores · 1988 1 citation

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State v. Rainer · 1987 1 citation

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State v. Jackman · 1986 1 citation

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State v. Richardson · 1986 1 citation

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State v. Andrews · 1986 1 citation

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State v. Berrisford · 1985 2 citations

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State v. Christianson · 1985 1 citation

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State v. Spurgin · 1984 1 citation

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State v. Lloyd · 1984 1 citation

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State v. Kirch · 1982 2 citations

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State v. Lemire · 1982 1 citation

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State v. Wahlberg · 1980 1 citation

1. The first and crucial issue for our consideration is whether to sustain defendant’s conviction. The State was required to prove that the defendant killed Jeffrey Goedderz with premeditation and intent. Minn. Stat. § 609.185 (1978). In a case such as this one, based on circumstantial evidence, the conviction may stand only where the facts and circumstances disclosed by the circumstantial evidence form a complete chain which, in the light of the evidence as a whole, leads so directly to the guilt of-the accused as to exclude, beyond a reasonable doubt, any reasonable inference other than that of guilt. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). This court’s scope of review on appeal is limited to considering the evidence and determining whether the jury could reason-, ably find the accused guilty of first-degree murder. We must view the evidence in the light most favorable to the State and must assume that the jury believed the State’s witnesses and disbelieved everything which contradicted their testimony. State v. Thompson, 273 Minn. 1, 36, 139 N.W.2d 490, 515 (1966), cert. denied, 385 U.S. 817, 87 S.Ct. 39, 17 L.Ed.2d 56 (1966).

Minnesota Court of Appeals

State of Minnesota v. Devin Matthew Weiland · 2024 1 citation

+ 1 more citation in this opinion.

State of Minnesota v. Tchad Tu Henderson · 2017 1 citation

+ 1 more citation in this opinion.

State of Minnesota v. John Joseph Plevell · 2017 1 citation

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State of Minnesota v. Mark William Latimer · 2016 1 citation

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State of Minnesota v. Vincent Walker · 2016 1 citation

5 the death of the person or of another.” Minn. Stat. § 609.185 (a) (1) (2014). Criminal intent

Citing Cases (74)

Minnesota Supreme Court

Minnesota Court of Appeals

U.S. District Court, D. Minnesota