Cited by
Opinions in Minnesota that cite State v. Pieschke, 295 N.W.2d 580.
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In the Matter of the Welfare of: A. Y. Q., Child.
Minn. Ct. App. 2026
atements to the police, the district court w as free to reject the victim’s in -court testimony and accept the victim’s out-of-court statements, which were recorded on the officers’ body cameras and 8 admitted as evidence at trial .1 (stating that a jury may accept part and reject part of a witness ’s testimony); -85 (Minn. 1980) (holding that the evidence was sufficient to convict based on the out-of-court statements of two recanting witnesses).
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Charles Wayne Weyhrauch, petitioner, Appellant,
Minn. Ct. App. 2025
(concluding that it is the exclusive function of the fact -finder to weigh credibility) .
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“This is especially true [when] resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the jury.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“This is especially true whe[n] resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the [factfinder].”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
801(d)(1)(D); (affirming admission of victim’s prior consistent statement made to police officers within minutes of incident).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In doing so, we “assume the evidence supporting the conviction was believed and the contrary evidence disbelieved.”
- Marcel Moses, petitioner, Appellant, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Such statements, commonly referred to as present sense impressions, ar e not hearsay because the immediacy of the statements indicates “that there [was] little time to consciously fabricate a story.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“This is especially true where resolution of the case depends on c onflicting testimony, because weighing the credibility of witnesses is the exclusive function of the jury.” State v. Pieschke
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“This is especially true whe[n] resolution of the case depends on conflicting testimony, because weighing credibility of witnesses is the exclusive function of the jury.” d 580, 584 (Minn. 1980).
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A20-0310
Minn. Ct. App. 2021
“This is especially true where resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclu sive function of the jury.” State v. Pieschke
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Appellant argues that the footage is not admissible as a because too much time passed between the assault and recording of the footage.
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
801(d)(1)(D); State v. Pieschke
- State v. Alarcon 932 N.W.2d 641 Minn. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
This court gives deference to the fact-finder—especially where resolution of the case depends on conflicting testimony —because weighing the credibility of 6 witnesses is its exclusive function.1
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(holding that the evidence was sufficient to convict based on two recanting witness’s out-of-court statements).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“This i s especially true where resolution of the case depends on conflicting testimony , because weighing the credibility of witnesses is the exclusive function of the jury.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“This is especially true where resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the [fact-finder].”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“This is especially t rue where resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the [fact -finder].”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
5 contrary evidence disbelieved.” State v. Pieschke
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“This is especially true where resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the jury.” State v. Pieschke
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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Anthony Strickland, petitioner, Appellant,
Minn. Ct. App. 2018
In so doing, we assume that the fact-finder “believed the state’s witnesses and disbelieved any evidence to the contrary,” particularly when resolution of the matter depends mainly on conflicting testimony
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
On review of a criminal conviction, this court construes the record “most favorably to the state and will assume the evidence supporting the conviction was believed and the contrary evidence disbelieved.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“This is especially true whe[n] resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the [fact-finder].” d 580, 584 (Minn. 1980).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
1 Although Bragg’s attorney moved for “judgment notwithstanding the verdict,” we treat the motion as one for judgment of acquittal.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“This is espe cially true whe[n] re solution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the jury.” State v. Pieschke , 84 (Minn. 1980).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- 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
We assume that the jury was persuaded by the evidence supporting the conviction, especially “where resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the jury.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- 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
2(a), 2(b)(4) ; see also State v. Pieschke , (stating that weighing witness credibility is the exclusive province of the jury).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“This is especially true where resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the jury.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“[W]eighing the credibility of witnesses is the exclusive function of the jury.”
- State of Minnesota v. Renard Rucker Minn. Ct. App. 2017
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State of Minnesota v. Renard Rucker
Minn. Ct. App. 2017
“This is especially true whe[n] resolution of the case depends on conflicting testimony, because weighing the credibility of witnesses is the exclusive function of the jury.”
- State of Minnesota v. Joshua David Donson Minn. Ct. App. 2017
- State of Minnesota v. Tchad Tu Henderson 890 N.W.2d 739 Minn. Ct. App. 2017
- State of Minnesota v. Joshua David Donson Minn. Ct. App. 2017