Cited by
Opinions in Minnesota that cite State v. Gluff, 172 N.W.2d 63.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
See, e.g., Foreman, d at 538-39(affirming a conviction of domestic assault); (involving a conviction for aggravated robbery); (involving a conviction for aggravated robbery).
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In the Matter of the Welfare of: M. I. S., Child.
Minn. Ct. App. 2026
execute a warrant); (ordering a new trial when (1) the complainant testified he was robbed shortly after visiting a friend in a hospital even though it was closed to visitors before the alleged offense occurred and (2) there was no evident reason for the defendant to rob the complainant, “with whom he was well acquainted”); (ordering a new trial when “the victim’s identification [was] based on an inadequate opportunity for observation; the description given at the time of the offense [did] not c
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
He cites Foreman, in which the supreme court acknowledged that convictions had been reversed in a few cases where the victim was the only witness and the case “involved additional reasons to question the victim’s credibility.” d at 539 ( -93 (Minn. 1993); State v. Gluff , ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
ly exposed to “a highly suggestive book on sexual abuse” with “the express intention of encouraging the child to state that [the defendant] had abused her”); (reversing in the interests of justice and stating, “[t]he reason why defendant would have held up [the victim], with whom he was well acquainted, is left a mystery”); State v. Gluff , , 64-65 (Minn. 1969) (reversing because an armed robbery victim observed defendant for fewer than two minutes, during which time her eyes were “riveted on th
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Distinguished
State of Minnesota, Respondent,
Minn. Ct. App. 2025
to support his argument that corroboration is necessary for his conviction to be upheld.
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
To support his argument, Gray cites State v. Gluff where an identification did not satisfy the five-factor test, in part, because the victim testified “her eyes were riveted on the gun.” d 63, 65 (Minn. 1969).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(reversing an aggravated robbery conviction because parts of the complaining witness’s version of events were “unexplained,” and “[t]he reason why defendant would have held up [ the complaining witness], with whom he was well acquainted, [was] left a mystery” ); State v. Gluff , -66 (Minn. 1969) (reversing aggravated-robbery conviction based on doubt regarding the accuracy of the complaining witness’s identification of the perpetrator).
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In the Matter of the Welfare of: R. A. C., Child.
Minn. Ct. App. 2024
-66 (Minn. 3 And, contrary to R.A.C.’s assertions, the record demonstrates that J.E.D.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(involving aggravated robbery); (same).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Damarcus Deontay Holloway Minn. Ct. App. 2024
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Distinguished
State of Minnesota v. Damarcus Deontay Holloway
Minn. Ct. App. 2024
o corroborating evidence, Minnesota’s appellate courts will reverse convictions.” In support of this assertion, Holloway cites three supreme court cases in which the court reversed convictions because the evidence was insufficient: 6
- State of Minnesota v. William Wayne Weber Minn. Ct. App. 2024
- State of Minnesota v. William Wayne Weber Minn. Ct. App. 2024
- State of Minnesota v. Edgard Francisco Talave Latino Minn. Ct. App. 2024
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State of Minnesota v. Edgard Francisco Talave Latino
Minn. Ct. App. 2024
The interests of justice [require] a new trial”); -66 (Minn. 1969) (reversing when there was reason to question the identification of the defendant).
- State of Minnesota v. Omar Abubakar Maani Minn. Ct. App. 2024
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State of Minnesota v. Omar Abubakar Maani
Minn. Ct. App. 2024
Maani relies on three cases— —to argue that the evidence is insufficient as a matter of law because of issues regarding the victims’ credibility.
- State of Minnesota v. Korwin Lucio Balsley Minn. Ct. App. 2023
- State of Minnesota v. Korwin Lucio Balsley Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
1993) (reversing conviction for child sexual abuse based on the victim’s repeated exposure to a highly suggestive book by the child’s therapist and mother); (reversing in the interest s of justice and stating, “[t]he reason why defendant would have held up [the victim], with whom he was well acquainted, is left a mystery.” ); (reversing because armed robbery victim observed defendant for fewer than two minutes, during which time her eyes were “riveted on the gun,” and “there was no evidence what
- Distinguished State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
First, a case of aggravated robbery in which the supreme court reversed and remanded for a new trial because the victim “had a limited opportunity to observe the robber briefly during a time when her attention was concentrated on a gun pointed at her” and there was “no corroboration of the identification”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Still, when the appellant challenges the sufficiency of identity evidence, “[t]he trustworthiness of an identification must necessarily be judged by the opportunity the witness has had for a deliberate and accurate observation of the accused.” State v. Gluff
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Distinguished
State of Minnesota, Respondent,
Minn. Ct. App. 2021
and State v. Gluff , as providing support for his argument.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
eman, the distinction between cases like Reichenberger, where credibility is left to the jury, and cases where evidence may be insufficient as a matter of law, is when there are “additional reasons to question the victim’s credibility.” Foreman, d at 539 (- 93 (Minn. 1993)); ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
the supreme court reversed a ro bbery conviction based on an uncorroborated identificati on of the defendant because th e witness had seen the perpetrator for only a short time and there had been errors in the lineup process.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
In State v. Gluff , the supreme court overturned an aggravated -robbery conviction because the eyewitness called to testify made a highly unreliable identification of the defendant, leading 5 the court to say that “proof on the one critical issue is permeated with doubt.” 285 Minn. 148, 151
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“The trustworthiness of an identification must necessarily be judged by the opportunity the witness has had for a deliberate and accurate observation of the accused while in his [or her] presence.” State v. Gluff, 285 Minn. 148, 151
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The trustworthiness of an identification must necessarily be judged by the opportunity the witness has had for a deliberate and accurate observation of the accused while in his presence.” State v. Gluff, 285 Minn. 148, 151
- State of Minnesota v. Filbert Okari Onyoni Minn. Ct. App. 2017
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State of Minnesota v. Filbert Okari Onyoni
Minn. Ct. App. 2017
-93 (Minn. 1993); State v. Gluff, 285 Minn. 148, 151
- State of Minnesota v. Justin Dillard Thomas 890 N.W.2d 413 Minn. Ct. App. 2017
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Distinguished
State of Minnesota v. Justin Dillard Thomas
890 N.W.2d 413
Minn. Ct. App. 2017
Appellant relies on State v. Gluff, 285 Minn. 148, 151-53, -66 (1969) (reversing a conviction on the ground that the victim’s identification of the defendant was not trustworthy), but Gluff is distinguishable here, as it was in Foreman.
- State of Minnesota v. Andrew Allen Heidemann Minn. Ct. App. 2016
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Distinguished
State of Minnesota v. Andrew Allen Heidemann
Minn. Ct. App. 2016
Heidemann relies on three cases, and State v. Gluff, 285 Minn. 148, d 63 (1969).
- State of Minnesota v. Kelly Bruce Goggleye Minn. Ct. App. 2016
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Criticized
State of Minnesota v. Kelly Bruce Goggleye
Minn. Ct. App. 2016
Finally, in State v. Gluff, the supreme court criticized an identification lineup procedure, stating that testimony about the defendant’s identification “clearly lacked probative value.” 285 Minn. 148, 151
- State of Minnesota v. Charles Arthur Bell Minn. Ct. App. 2015
- State of Minnesota v. Charles Arthur Bell Minn. Ct. App. 2015
- State of Minnesota v. Cory Allen Wuollet Minn. Ct. App. 2015
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State of Minnesota v. Cory Allen Wuollet
Minn. Ct. App. 2015
5 conduct where child victim’s testimony lacked credibility and victim had been exposed by the state to highly suggestive material); (ordering a new trial “in the interests of justice” where victim’s actions were left “unexplained” and motive for defendant to commit robbery against an acquaintance was “left a mystery”); State v. Gluff, 285 Minn. 148, 151-53, -66 (1969) (reversing aggravated-robbery conviction “in the interest of justice” where uncorroborated identification of the defendant was n
- State of Minnesota v. Jason Lamont Armstrong Minn. Ct. App. 2015