Cited by
Opinions in Minnesota that cite State v. Pieschke, 295 N.W.2d 580.
-
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).
-
Charles Wayne Weyhrauch v. Commissioner of Public Safety
Minn. Ct. App. 2025
(concluding that it is the exclusive function of the fact -finder to weigh credibility) .
- State of Minnesota v. Peter Michael Dziuk Minn. Ct. App. 2025
-
State of Minnesota v. Lionell Bailey
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.”
-
State of Minnesota v. David Stephan Herr
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].”
-
State of Minnesota v. Carlos Rosas
Minn. Ct. App. 2023
801(d)(1)(D); (affirming admission of victim’s prior consistent statement made to police officers within minutes of incident).
-
State of Minnesota v. David Darnell Jones, Jr.
Minn. Ct. App. 2023
In doing so, we “assume the evidence supporting the conviction was believed and the contrary evidence disbelieved.”
- Marcel Moses v. State of Minnesota Minn. Ct. App. 2022
-
State of Minnesota v. Edbin Jose Coreas
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.”
-
State of Minnesota v. David Deluna
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 v. Samantha Mary Jo Provost Minn. Ct. App. 2021
-
State of Minnesota v. Isaiah Stephen Schuety
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).
-
State of Minnesota (A20-0305) (A20-0310) v. Dane Robert Mullen (A20-0305) (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
-
State of Minnesota v. Precious Sylvanna Williams
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 v. Otto Rene Gonzalez Bautista Minn. Ct. App. 2020
- State of Minnesota v. Derrick Lee Riddle Minn. Ct. App. 2020
-
State of Minnesota v. Jon Marvin Manypenny
Minn. Ct. App. 2019
801(d)(1)(D); State v. Pieschke
- State v. Alarcon 932 N.W.2d 641 Minn. 2019
-
State of Minnesota v. Jarvis Michael Cunningham
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
-
State of Minnesota v. Mohamed Muqtar Jaranow
Minn. Ct. App. 2019
(holding that the evidence was sufficient to convict based on two recanting witness’s out-of-court statements).
-
State of Minnesota v. George Anthony Woods
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.”
-
State of Minnesota v. Bryce Monroe Muir
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].”
-
State of Minnesota v. Maurice Ray Washington
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].”
-
State of Minnesota v. Emanuel Chol Alfred
Minn. Ct. App. 2018
5 contrary evidence disbelieved.” State v. Pieschke
- State of Minnesota v. Barry Richard Closmore Minn. Ct. App. 2018
-
State of Minnesota v. Aaron Leeroy McCulloch
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 v. Philip Anthony Zehrer Minn. Ct. App. 2018
-
Anthony Strickland v. State of Minnesota
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 v. Gary Lee Appel Minn. Ct. App. 2018
- State of Minnesota v. Lloyd Edward Pugh Minn. Ct. App. 2018
-
State of Minnesota v. Amy Jane Johnson
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.”
-
State of Minnesota v. Mark Robert Miles
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).
-
State of Minnesota v. Antonio Francis Bragg
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.
-
State of Minnesota v. Jesse Lamee Motley
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 v. Roger Edward Naghash Minn. Ct. App. 2018
- State of Minnesota v. Kendall Duane Perkins Minn. Ct. App. 2017
- State of Minnesota v. Tymaine Lee Muckle Minn. Ct. App. 2017
- State of Minnesota v. Bruce Edward Canady Minn. Ct. App. 2017
-
State of Minnesota v. Frank Lucellerson Tubbs
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 v. Fabian Jonathan Suggs Minn. Ct. App. 2017
- State of Minnesota v. Scott Marlin Morey Minn. Ct. App. 2017
- State of Minnesota v. Wilmer Govani Montoya Ulloa Minn. Ct. App. 2017
-
State of Minnesota v. David Alexander Schill, Jr.
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).
-
State of Minnesota v. Bryan Joseph Hodapp
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.”
-
State of Minnesota v. James Richard Jerome Cochran
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
-
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