Cited by
Opinions in Minnesota that cite State v. Swain, 269 N.W.2d 707.
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State v. Daniels
361 N.W.2d 819
Minn. 1985
The trial court granted the limitation by saying, “if he made complete disclosure to you, you are not to intimate that the state withheld anything from you.” -17 (Minn.1978), where the court upheld the trial court’s order that defense counsel not comment upon the state’s failure to call a certain witness.
- State v. Ward 361 N.W.2d 418 Minn. Ct. App. 1985
- State v. Ward 361 N.W.2d 418 Minn. Ct. App. 1985
- State v. Spurgin 358 N.W.2d 648 Minn. 1984
- State v. Spurgin 358 N.W.2d 648 Minn. 1984
- State v. Berg 358 N.W.2d 443 Minn. Ct. App. 1984
- State v. Berg 358 N.W.2d 443 Minn. Ct. App. 1984
- State v. Givens 356 N.W.2d 58 Minn. Ct. App. 1984
- State v. Givens 356 N.W.2d 58 Minn. Ct. App. 1984
- State v. Fratzke 354 N.W.2d 402 Minn. 1984
- State v. Fratzke 354 N.W.2d 402 Minn. 1984
- State v. Hinkel 353 N.W.2d 617 Minn. Ct. App. 1984
- State v. Hinkel 353 N.W.2d 617 Minn. Ct. App. 1984
- State v. Davidson 351 N.W.2d 8 Minn. 1984
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State v. Davidson
351 N.W.2d 8
Minn. 1984
we ruled that the trial court did not abuse its discretion in ordering defense counsel not to comment on the prosecutor’s failure to call a witness who was equally available to both sides and who would have added irrelevant issues to the trial.
- State v. McCloud 349 N.W.2d 590 Minn. Ct. App. 1984
- State v. McCloud 349 N.W.2d 590 Minn. Ct. App. 1984
- Caldwell v. State 347 N.W.2d 824 Minn. Ct. App. 1984
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Caldwell v. State
347 N.W.2d 824
Minn. Ct. App. 1984
954 , 67 L.Ed.2d 119 (1981) ().
- Mehralian v. State 346 N.W.2d 363 Minn. Ct. App. 1984
- Mehralian v. State 346 N.W.2d 363 Minn. Ct. App. 1984
- State v. Lloyd 345 N.W.2d 240 Minn. 1984
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State v. Lloyd
345 N.W.2d 240
Minn. 1984
More recently, however, we have stated that premeditation may only be inferred “in part from the number of times a weapon is used.”
- State v. Edwards 343 N.W.2d 269 Minn. 1984
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State v. Edwards
343 N.W.2d 269
Minn. 1984
(i) Murder cases in which we have been asked to determine whether the trial court erred in refusing to submit first-degree heat-of-passion manslaughter include, in chronological order, State v. Leinweber, 303 Minn. 414
- State v. Nurmi 336 N.W.2d 65 Minn. 1983
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State v. Nurmi
336 N.W.2d 65
Minn. 1983
Murder cases in which we have been asked to determine whether the trial court erred in refusing to submit first-degree heat-of-passion manslaughter include, in chronological order, State v. Leinweber, 303 Minn. 414
- State v. Phelps 328 N.W.2d 136 Minn. 1982
- State v. Phelps 328 N.W.2d 136 Minn. 1982
- State v. Kirch 322 N.W.2d 770 Minn. 1982
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State v. Kirch
322 N.W.2d 770
Minn. 1982
we discounted defendant’s threat because it was too remote in time to bear on the issue of premeditation.
- State v. Lemire 315 N.W.2d 606 Minn. 1982
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State v. Lemire
315 N.W.2d 606
Minn. 1982
We have recognized that, although the severity and duration of a beating a lone will not support a finding of premeditation, -14 (Minn.1978), such a finding can be justified by all of the circumstances, with due deference given to the jury’s verdict.
- State v. Hardimon 310 N.W.2d 564 Minn. 1981
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State v. Hardimon
310 N.W.2d 564
Minn. 1981
As to the relevance of some of these facts, particularly prior robbery planning and defendant’s desire to prevent identification, and State v. Walker, 306 Minn. 105
- State v. Salas 306 N.W.2d 832 Minn. 1981
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State v. Salas
306 N.W.2d 832
Minn. 1981
(news reports were factual; trial court properly denied change of venue); State v. Annis, 291 Minn. 552, 553 , (per curiam) (same).
- State v. Linder 304 N.W.2d 902 Minn. 1981
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State v. Linder
304 N.W.2d 902
Minn. 1981
In examining this comment, , 713 n. 8 (Minn.1978), that “the legislature intended some greater distinctions between first and second degree murder than we have heretofore recognized.” “Premeditation denotes a pre-existing reflection and deliberation involving more than a mere intent to kill.”
- State v. Olkon 299 N.W.2d 89 Minn. 1980
- State v. Spaulding 296 N.W.2d 870 Minn. 1980
- State v. Spaulding 296 N.W.2d 870 Minn. 1980
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State v. Olkon
299 N.W.2d 89
Minn. 1980
In determining the sufficiency of the evidence in a criminal matter, this court “must view the evidence in a light most favorable to the jury verdict and decide whether the jury could reasonably have found the defendant guilty of the crime charged.”
- State v. Wahlberg 296 N.W.2d 408 Minn. 1980
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State v. Wahlberg
296 N.W.2d 408
Minn. 1980
*416 However, -14 (Minn.1978), -92 (Minn.1979), we held that the severity and duration of a beating alone will not support a finding of premeditation.
- State v. Clark 296 N.W.2d 359 Minn. 1980
- State v. Clark 296 N.W.2d 359 Minn. 1980
- State v. Webber 292 N.W.2d 5 Minn. 1980
- State v. Webber 292 N.W.2d 5 Minn. 1980
- State v. McCullum 289 N.W.2d 89 Minn. 1979