Cited by
Opinions in Minnesota that cite State v. Billstrom, 149 N.W.2d 281.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
In cases involving Spreigl evidence, Minnesota caselaw suggests that “[b]oth at the time the evidence is received and in the final charge, the court should admonish the jury that the testimony is received for [a] limited purpose.” 285 (Minn. 1967).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
The legal rule at issue here states that when the district court receives other-acts 13 evidence it must, “[b]oth at the time the evidence is received and in the final charge,” instruct the jury that the testimony is received for a limited purpose and that the defendant “is not being tried and may not be convicted for any offense except that charged.” see Minn. R. Evid.
- State of Minnesota v. James Lamar Davis Minn. Ct. App. 2016
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State of Minnesota v. James Lamar Davis
Minn. Ct. App. 2016
Though sometimes admissible, other-crimes evidence, often referred to as Spreigl evidence, is disfavored because it is “potentially oppressive,” State v. Spreigl, 272 Minn. 488, 494, and creates a risk that the jury will “convict[] a defendant for crimes with which he is not charged.” State v. Billstrom, 276 Minn. 174, 177
- State of Minnesota v. Grant Leighton Johnson Minn. Ct. App. 2016
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State of Minnesota v. Grant Leighton Johnson
Minn. Ct. App. 2016
See State v. Billstrom, 276 Minn. 174, 178, (“At the time the evidence is offered, the prosecutor shall specify 4 the exception to the general exclusionary rule under which it is admissible.”).
- State of Minnesota v. Tyrone Xavier Johnson Minn. Ct. App. 2015
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State of Minnesota v. Tyrone Xavier Johnson
Minn. Ct. App. 2015
A district court “should admonish the jury” both at the time the evidence is received and in the final charge that the Spreigl evidence is received for only a specific limited purpose and that the defendant “may not be convicted for any offense except that charged.” State v. Billstrom, 276 Minn. 174, 179
- State v. Riddley 776 N.W.2d 419 Minn. 2009
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State v. Riddley
776 N.W.2d 419
Minn. 2009
See State v. Billstrom, 276 Minn. 174, 178-79 , -85 (1967); Spreigl, 272 Minn. at 496-97 , d at 172-73 .
- State v. Tscheu 758 N.W.2d 849 Minn. 2008
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State v. Tscheu
758 N.W.2d 849
Minn. 2008
Tscheu does not refer to the procedural safeguards we adopted in State v. Spreigl, 272 Minn. 488 , and State v. Billstrom, 276 Minn. 174 , regarding the admissibility of other- *862 crime evidence pursuant to Minn. R. Evid.
- State v. Meldrum 724 N.W.2d 15 Minn. Ct. App. 2006
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State v. Meldrum
724 N.W.2d 15
Minn. Ct. App. 2006
Broulik, d at 68 (quoting State v. Billstrom, 276 Minn. 174, 179 , ).
- State v. Gomez 721 N.W.2d 871 Minn. 2006
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State v. Gomez
721 N.W.2d 871
Minn. 2006
He argues that the Spreigl evidence is inadmissible because the state’s case was not “weak.” We have previously held that “[e]vidence of other crimes is admissible only if the trial court finds that the direct or circumstantial evidence of the defendant’s identity is otherwise weak or inadequate, and that the evidence is necessary to support the state’s burden of proof.” State v. Billstrom, 276 Minn. 174, 178-79 , (emphasis added).
- State v. Ness 707 N.W.2d 676 Minn. 2006
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State v. Ness
707 N.W.2d 676
Minn. 2006
-01 (Minn.2005) (citing State v. Billstrom, 276 Minn. 174, 179 , -85 (1967)).
- State v. Montgomery 707 N.W.2d 392 Minn. Ct. App. 2005
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State v. Montgomery
707 N.W.2d 392
Minn. Ct. App. 2005
State v. Billstrom, 276 Minn. 174, 179
- State v. McLeod 705 N.W.2d 776 Minn. 2005
- State v. Bell 703 N.W.2d 858 Minn. Ct. App. 2005
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State v. Bell
703 N.W.2d 858
Minn. Ct. App. 2005
Cumulative Evidence Appellant contends that the evidence was cumulative and that Spreigl evidence “should be excluded where it is merely cumulative and a subterfuge for impugning [a] defendants character or for indicating to the jury that he is a proper candidate for punishment.” State v. Billstrom, 276 Minn. 174, 179 , -85 (1967).
- State v. Boehl 697 N.W.2d 215 Minn. Ct. App. 2005
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State v. Boehl
697 N.W.2d 215
Minn. Ct. App. 2005
ere it is merely cumulative and a subterfuge for impugning a defendant’s character or for indicating to the jury that he is a proper candidate for punishment.” (agreeing with the appellant’s argument that the state’s presentation of 24 witnesses testifying to one Spreigl incident for three days of a twelve-day trial was highly prejudicial) (quoting State v. Billstrom, 276 Minn. 174, 179 , -85 (1967)).
- Angus v. State 695 N.W.2d 109 Minn. 2005
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Angus v. State
695 N.W.2d 109
Minn. 2005
4 In State v. Billstrom, 276 Minn. 174 , we added a necessity requirement where the Spreigl evidence is offered under the identity exception.
- State v. Washington 693 N.W.2d 195 Minn. 2005
- State v. Washington 693 N.W.2d 195 Minn. 2005
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State v. Washington
693 N.W.2d 195
Minn. 2005
State v. Billstrom, 276 Minn. 174, 179 , -85 (1967).
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State v. Washington
693 N.W.2d 195
Minn. 2005
State v. Billstrom , 276 Minn. 174 , 179 , , 284-85 (1967).
- State v. Babcock 685 N.W.2d 36 Minn. Ct. App. 2004
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State v. Babcock
685 N.W.2d 36
Minn. Ct. App. 2004
If the state wishes to introduce Spreigl evidence, it must provide the notice of its intent and “specify the exception to the general exclusionary rule under which it is admissible.” State v. Billstrom, 276 Minn. 174, 178
- State v. Blom 682 N.W.2d 578 Minn. 2004
- State v. McCoy 682 N.W.2d 153 Minn. 2004
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State v. Blom
682 N.W.2d 578
Minn. 2004
(quoting State v. Billstrom, 276 Minn. 174, 178-79 , ).
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State v. McCoy
682 N.W.2d 153
Minn. 2004
Prior to that time, we had applied the clear and convincing evidence standard for the admission of Spreigl evidence since at least State v. Billstrom, 276 Minn. 174, 178-79 , -85 (Minn.1967).
- Ture v. State 681 N.W.2d 9 Minn. 2004
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Ture v. State
681 N.W.2d 9
Minn. 2004
Spreigl evidence “should be excluded where it is merely cumulative and a subterfuge for impugning a defendant’s character or for indicating to the jury that he is a proper candidate for punishment.” State v. Billstrom, 276 Minn. 174, 179 , -85 (1967).
- State v. Jones 678 N.W.2d 1 Minn. 2004
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State v. Jones
678 N.W.2d 1
Minn. 2004
(citing State v. Spreigl, 272 Minn. 488 , and State v. Billstrom, 276 Minn. 174 , ).
- State v. Richardson 670 N.W.2d 267 Minn. 2003
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State v. Richardson
670 N.W.2d 267
Minn. 2003
See State v. Bill-strom, 276 Minn. 174, 178-79 , -85 (1967).
- State v. McCoy 631 N.W.2d 446 Minn. Ct. App. 2001
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State v. McCoy
631 N.W.2d 446
Minn. Ct. App. 2001
Billstrom, 276 Minn. 174, 179
- State v. Broulik 606 N.W.2d 64 Minn. 2000
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State v. Broulik
606 N.W.2d 64
Minn. 2000
Appellant contends that State v. Billstrom, 276 Minn. 174, 177-78 , requires a more specific cautionary instruction than is currently contained in CRIMJIGs 2.01 and 3.16.
- State v. Robinson 604 N.W.2d 355 Minn. 2000
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State v. Robinson
604 N.W.2d 355
Minn. 2000
at 504 (quoting State v. Billstrom, 276 Minn. 174, 178-79 , (“where the sole issue in a case is the identity of defendant ⅜ * ⅜ the rigid rules of evidence will be relaxed”)).
- Sanderson v. State 601 N.W.2d 219 Minn. Ct. App. 1999