Cited by
Opinions in Minnesota that cite State v. Berry, 309 N.W.2d 777.
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
The evidence shows that J.R. told Officer Bannert about Rosas’s threat approximately five minutes after she called 911 and that her speech was “rapid.” (affirming admission of witness’s statement to witness 90 minutes after murder); (affirming admission of witness’s statements about conversation with defendant less than hour after incident); n.1 (Minn. 1983) (stating in dicta that victim’s statement to fellow employee immediately after incident would have been admissible over hear
- State v. Jackson 741 N.W.2d 146 Minn. Ct. App. 2007
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State v. Jackson
741 N.W.2d 146
Minn. Ct. App. 2007
(a jury is free to disbelieve a defendant’s story), review denied (Minn. Apr.
- Cuypers v. State 711 N.W.2d 100 Minn. 2006
- Cuypers v. State 711 N.W.2d 100 Minn. 2006
- State v. Sime 669 N.W.2d 922 Minn. Ct. App. 2003
- State v. Sime 669 N.W.2d 922 Minn. Ct. App. 2003
- State v. Sessions 621 N.W.2d 751 Minn. 2001
- State v. Sessions 621 N.W.2d 751 Minn. 2001
- State v. Hunt 615 N.W.2d 294 Minn. 2000
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State v. Hunt
615 N.W.2d 294
Minn. 2000
Tahash , 278 Minn, at 177, d at 234 .
- State v. Brocks 587 N.W.2d 37 Minn. 1998
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State v. Brocks
587 N.W.2d 37
Minn. 1998
See Jones, d at 236 ; (stating that a disagreement over trial strategy does not constitute ineffective assistance of counsel); Brown v. State, 292 Minn. 174, 177 , (stating that trial tactics are not to be confused with competence).
- State v. Hough 585 N.W.2d 393 Minn. 1998
- State v. Hough 585 N.W.2d 393 Minn. 1998
- State v. Persitz 518 N.W.2d 843 Minn. 1994
- State v. Persitz 518 N.W.2d 843 Minn. 1994
- State v. Starkey 516 N.W.2d 918 Minn. 1994
- State v. Starkey 516 N.W.2d 918 Minn. 1994
- State v. Starkey 507 N.W.2d 8 Minn. Ct. App. 1993
- State v. Starkey 507 N.W.2d 8 Minn. Ct. App. 1993
- State v. Bates 507 N.W.2d 847 Minn. Ct. App. 1993
- State v. Bates 507 N.W.2d 847 Minn. Ct. App. 1993
- State v. Stallings 474 N.W.2d 645 Minn. Ct. App. 1991
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State v. Stallings
474 N.W.2d 645
Minn. Ct. App. 1991
(statements made in response to police questioning while declarant still under stress of excitement one hour after event admissible as excited utterances).
- State v. Saybolt 461 N.W.2d 729 Minn. Ct. App. 1990
- State v. Saybolt 461 N.W.2d 729 Minn. Ct. App. 1990
- State v. Fidel 451 N.W.2d 350 Minn. Ct. App. 1990
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State v. Fidel
451 N.W.2d 350
Minn. Ct. App. 1990
see also Mathews, d at 596 (the evidence as a whole need not exclude all possibility that the defendant is innocent, it must only make such a theory seem unreasonable).
- State v. Hicks 432 N.W.2d 487 Minn. Ct. App. 1988
- State v. Hicks 432 N.W.2d 487 Minn. Ct. App. 1988
- State v. Witucki 420 N.W.2d 217 Minn. Ct. App. 1988
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State v. Witucki
420 N.W.2d 217
Minn. Ct. App. 1988
20, 1985) (failure to request specific instructions or object to instructions precludes appellate review) (); (trial court’s failure to give a specific instruction regarding self-defense not plainly erroneous).
- Weaver v. State 408 N.W.2d 200 Minn. Ct. App. 1987
- Weaver v. State 408 N.W.2d 200 Minn. Ct. App. 1987
- State v. Bingham 406 N.W.2d 567 Minn. Ct. App. 1987
- State v. Bingham 406 N.W.2d 567 Minn. Ct. App. 1987
- State v. Sutherlin 396 N.W.2d 238 Minn. 1986
- State v. Sutherlin 396 N.W.2d 238 Minn. 1986
- State v. Page 386 N.W.2d 330 Minn. Ct. App. 1986
- State v. Page 386 N.W.2d 330 Minn. Ct. App. 1986
- State v. Smith 374 N.W.2d 520 Minn. Ct. App. 1985
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State v. Smith
374 N.W.2d 520
Minn. Ct. App. 1985
The Minnesota Supreme Court has “consistently held that when a defendant waives his right to have the jury instructed regarding lesser included offenses, he is precluded from raising the issue on appeal.”
- State v. Stephani 369 N.W.2d 540 Minn. Ct. App. 1985
- State v. Stephani 369 N.W.2d 540 Minn. Ct. App. 1985
- Berry v. State 364 N.W.2d 795 Minn. 1985
- Berry v. State 364 N.W.2d 795 Minn. 1985
- Sather v. State 352 N.W.2d 79 Minn. Ct. App. 1984
- Sather v. State 352 N.W.2d 79 Minn. Ct. App. 1984