DocketDrift

Real-time tracking of state judicial trends.

Explore

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Minnesota that cite State v. Whelan, 189 N.W.2d 170.

50 citing documents.

  • Housing & Redevelopment Authority of Duluth, MN, Respondent, Minn. Ct. App. 2023
    - 74 (Minn. 1971) (holding that the district court did not abuse its discretion in denying a motion grounded in the court’s discretionary authority).
  • Oseland by Oseland v. Crow Wing County 928 N.W.2d 744 Minn. 2019
  • Oseland by Oseland v. Crow Wing County 928 N.W.2d 744 Minn. 2019
    15 (2018) (" 'May' is permissive."); State v. Whelan , 291 Minn. 83 , , 174 (Minn. 1971) (concluding that the statute at issue "permits, but does not require, the trial court in the exercise of its discretion to allow depositions of witnesses to be taken" because it used "may").
  • Pondview Townhomes, Respondent, Minn. Ct. App. 2018
    Cf. State v. Whelan, 291 Minn. 83, 87, 173-74 (1971) (c iting Minn. Stat. § 645.44, subd.
  • State v. Mills 562 N.W.2d 276 Minn. 1997
  • State v. Mills 562 N.W.2d 276 Minn. 1997
    State v. Whelan, 291 Minn. 83, 88 , (emphasis added).
  • State v. Mosby 450 N.W.2d 629 Minn. Ct. App. 1990
  • State v. Mosby 450 N.W.2d 629 Minn. Ct. App. 1990
    See State v. Whelan, 291 Minn. 83, 86
  • State v. Sheldon 391 N.W.2d 537 Minn. Ct. App. 1986
  • State v. Sheldon 391 N.W.2d 537 Minn. Ct. App. 1986
    (citing State v. Whelan, 291 Minn. 83 , ).
  • State v. Folley 378 N.W.2d 21 Minn. Ct. App. 1985
  • State v. Mickelson 378 N.W.2d 17 Minn. Ct. App. 1985
  • State v. Mickelson 378 N.W.2d 17 Minn. Ct. App. 1985
    State v. Whelan, 291 Minn. 83, 85 , State v. Norgaard, 272 Minn. 48, 52
  • State v. Folley 378 N.W.2d 21 Minn. Ct. App. 1985
    In State v. Whelan, 291 Minn. 83 , the court stated: “Determination of a person’s competency as a witness is within the sound discretion of the trial court and is ordinarily made by such preliminary examination of the proposed witness as may be deemed necessary by the court.
  • State v. Holmes 374 N.W.2d 457 Minn. Ct. App. 1985
  • State v. Holmes 374 N.W.2d 457 Minn. Ct. App. 1985
    dissatisfaction that a report was not provided about her “emotional stability and mental condition.” “The decision to order an examination for the purpose of determining a child’s competence as a witness is within the discretion of the trial court.” citing State v. Shotley, 305 Minn. 384 , and State v. Whelan, 291 Minn. 83, 86-87
  • State v. Sullivan 360 N.W.2d 418 Minn. Ct. App. 1985
  • State v. Sullivan 360 N.W.2d 418 Minn. Ct. App. 1985
    See, State v. Whelan, 291 Minn. 83, 86-87
  • State v. Ibarra 355 N.W.2d 125 Minn. 1984
  • State v. Ibarra 355 N.W.2d 125 Minn. 1984
    State v. Whelan, 291 Minn. 83, 85 , State v. Norgaard, 272 Minn. 48, 52
  • State v. Heidelberger 353 N.W.2d 582 Minn. Ct. App. 1984
  • State v. Heidelberger 353 N.W.2d 582 Minn. Ct. App. 1984
    State v. Whelan, 291 Minn. 83, 85 , State v. Norgaard, 272 Minn. 48, 52 , -32 (1965).
  • State v. Nash 342 N.W.2d 177 Minn. Ct. App. 1984
  • State v. Nash 342 N.W.2d 177 Minn. Ct. App. 1984
    State v. Whelan, 291 Minn. 83, 85 , State v. Norgaard, 272 Minn. 48, 52 , We cannot retry the facts, but must take the view of the evidence most favorable to the state and must assume that the jury believed the state’s witnesses and disbelieved any contradictory evidence.
  • Whelan v. State 323 N.W.2d 32 Minn. 1982
  • Whelan v. State 323 N.W.2d 32 Minn. 1982
    His conviction was affirmed in State v. Whelan, 291 Minn. 83
  • State v. Turnipseed 297 N.W.2d 308 Minn. 1980
  • State v. Turnipseed 297 N.W.2d 308 Minn. 1980
    State v. Whelan, 291 Minn. 83, 85 , State v. Norgaard, 272 Minn. 48, 52
  • Bangert v. State 282 N.W.2d 540 Minn. 1979
  • Bangert v. State 282 N.W.2d 540 Minn. 1979
    State v. Whelan, 291 Minn. 83
  • State v. Merrill 274 N.W.2d 99 Minn. 1978
  • State v. Merrill 274 N.W.2d 99 Minn. 1978
    State v. Whelan, 291 Minn. 83, 85 , State v. Norgaard, 272 Minn. 48, 52
  • State v. Swain 269 N.W.2d 707 Minn. 1978
  • State v. Swain 269 N.W.2d 707 Minn. 1978
    State v. Whelan, 291 Minn. 83 , State v. Thompson, 273 Minn. 1 , certiorari denied, 385 U.S. 817 , 87 5.Ct.
  • State v. Johnson 256 N.W.2d 280 Minn. 1977
  • State v. Johnson 256 N.W.2d 280 Minn. 1977
    If it appears from the examination that the witness understands the obligation of an oath and is capable of correctly narrating the facts to which his testimony relates, the witness is competent in fact and should be permitted to testify.” See, also, State v. Lasley, 306 Minn. 224 , State v. Whelan, 291 Minn. 83
  • State v. Lasley 236 N.W.2d 604 Minn. 1975
  • State v. Lasley 236 N.W.2d 604 Minn. 1975
    Dugal v. Tahash, 278 Minn. 175 , State v. Whelan, 291 Minn. 83
  • State v. Shotley 233 N.W.2d 755 Minn. 1975
  • State v. Shotley 233 N.W.2d 755 Minn. 1975
    See, State v. Whelan, 291 Minn. 83 , State ex rel.
  • State v. Grilli 230 N.W.2d 445 Minn. 1975
  • State v. Grilli 230 N.W.2d 445 Minn. 1975
    In State v. Whelan, 291 Minn. 83 , there was testimony that defendant had committed a number of other sexual acts with the same vie- *86 tim.
  • Whelan v. State 214 N.W.2d 344 Minn. 1974
  • Whelan v. State 214 N.W.2d 344 Minn. 1974
    609.295(2), was affirmed by this court in State v. Whe-lan, 291 Minn. 83 , now appeals to this court from an order of the district court denying his petition for postconviction relief, filed in January 1972, in which he sought relief on the ground that shortly after his conviction the victim of the crime had recanted her trial testimony.
  • State v. Hogan 212 N.W.2d 664 Minn. 1973
  • State v. Hogan 212 N.W.2d 664 Minn. 1973
    State v. Whelan, 291 Minn. 83
  • State v. Dingfelder 204 N.W.2d 447 Minn. 1973
  • State v. Dingfelder 204 N.W.2d 447 Minn. 1973
    With respect to the first issue, we rely on, among other cases, State v. McGlynn, 292 Minn. 405 , State v. Whelan, 291 Minn. 83 , State v. Artez, 286 Minn. 545
  • State v. Johnson 192 N.W.2d 87 Minn. 1971
  • State v. Johnson 192 N.W.2d 87 Minn. 1971
    State v. Whelan, 291 Minn. 83, 87