Cited by

Opinions in Minnesota that cite State v. Caswell, 320 N.W.2d 417.

52 citing documents.

  • State of Minnesota, Respondent, Minn. Ct. App. 2025
    Even so, a victim’s prior sexual conduct may be admissible as “constitutionally required by the defendant’s right to due process, his right to confront his accuser, or his right to offer evidence in his own defense.” ( 7 The state responds, however, to Deloye’s related claim that the district court’s exclusion of this evidence was a Brady violation.
  • State of Minnesota, Respondent, Minn. Ct. App. 2025
  • State of Minnesota v. Michael Allan Carbo, Jr. 6 N.W.3d 114 Minn. 2024
  • State of Minnesota v. Michael Allan Carbo, Jr. 6 N.W.3d 114 Minn. 2024
    We agree with Carbo that, here, the probative value of the evidence establishing a motive for B.E.’s purported actions was not substantially outweighed by the State’s interest in “guarding [the victim’s] privacy and in protecting her from harassment.”
  • State of Minnesota v. Larry Ray House Minn. Ct. App. 2023
  • State of Minnesota v. Larry Ray House Minn. Ct. App. 2023
    Caselaw indicates that evidence otherwise inadmissible under rule 412 may be received if it “tends to establish a [victim’s] predisposition to fabricate a charge of rape.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    See State v. Caswell , (holding that a victim’s past sexual conduct is admissible when constitutionally required); Wenthe, d at 306 (explaining that sexual-history evidence is admissible when “constitutionally required by the defendant’s right to due process, his right to confront his accusers, or his right to
  • State of Minnesota v. Curtis Dwayne Thurston Minn. Ct. App. 2023
  • State of Minnesota v. Curtis Dwayne Thurston Minn. Ct. App. 2023
  • State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
  • State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
    (holding that a victim’s past sexual conduct is admissible when constitutionally required); 6 Wenthe, d at 306 (explaining that sexual-history evidence is admissible when “constitutionally required by the defendant’s right to due process, hi
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
    Caselaw supports Miller’s claims that “[a]ny evidence tending to establish a predisposition to fabricate a charge of rape should be admitted unless its potential for unfair prejudice outweighs its probative value.” (), review denied (Minn. Dec.
  • State of Minnesota v. Christopher Thomas Wenthe 865 N.W.2d 293 Minn. 2015
  • State of Minnesota v. Christopher Thomas Wenthe 865 N.W.2d 293 Minn. 2015
    We have construed the rape-shield law as allowing sexual-history evidence, however, when “admission is constitutionally required by the defendant’s right to due process, his right to confront his accusers, or his right to offer evidence in his own defense.” ().
  • State of Minnesota v. Osma Mardoqueo Escho Sanchez Minn. Ct. App. 2015
  • State of Minnesota v. Osma Mardoqueo Escho Sanchez Minn. Ct. App. 2015
    Evidence of a victim’s prior sexual conduct “may be admitted where it is constitutionally required by the defendant’s right to due process, his right to confront his accuser, or his right to offer evidence in his own defense.” d 747, 750 (Minn. App. 1991) ().
  • State of Minnesota v. Jared Armand Cobb Minn. Ct. App. 2015
  • State of Minnesota v. Jared Armand Cobb Minn. Ct. App. 2015
    Cobb also argues that the rape shield rule should have “yield[ed]” to his constitutional right to present a complete defense, d 337 (Minn. 1986)
  • State v. Olsen 824 N.W.2d 334 Minn. Ct. App. 2012
  • State v. Olsen 824 N.W.2d 334 Minn. Ct. App. 2012
    unless its potential for unfair prejudice outweighs its probative value.” (), review denied (Minn. Dec.
  • State v. Enger 539 N.W.2d 259 Minn. Ct. App. 1995
  • State v. Enger 539 N.W.2d 259 Minn. Ct. App. 1995
  • State v. Lee 480 N.W.2d 668 Minn. Ct. App. 1992
  • State v. Lee 480 N.W.2d 668 Minn. Ct. App. 1992
  • State v. Kobow 466 N.W.2d 747 Minn. Ct. App. 1991
  • State v. Kobow 466 N.W.2d 747 Minn. Ct. App. 1991
  • State v. Carpenter 447 N.W.2d 436 Minn. Ct. App. 1990
  • State v. Carpenter 447 N.W.2d 436 Minn. Ct. App. 1990
    The effect of rule 404(c) on admission of evidence regarding a complainant’s
  • State v. Kroshus 447 N.W.2d 203 Minn. Ct. App. 1989
  • Jackson v. State 447 N.W.2d 430 Minn. Ct. App. 1989
  • State v. Kroshus 447 N.W.2d 203 Minn. Ct. App. 1989
  • Jackson v. State 447 N.W.2d 430 Minn. Ct. App. 1989
  • Wedan v. State 409 N.W.2d 266 Minn. Ct. App. 1987
  • Wedan v. State 409 N.W.2d 266 Minn. Ct. App. 1987
  • State v. Benedict 397 N.W.2d 337 Minn. 1986
  • State v. Benedict 397 N.W.2d 337 Minn. 1986
    we construed the rule in such a way as to allow the admission of a victim’s past sexual conduct in all cases in which admission is constitutionally required by the defendant’s right to due process, his right to confront his accusers, or his right to offer evidence in his own defense.
  • State v. Roberts 393 N.W.2d 385 Minn. Ct. App. 1986
  • State v. Roberts 393 N.W.2d 385 Minn. Ct. App. 1986
    * * * the supreme court held that evidence of a complainant’s previous sexual conduct should be admitted when evidence shows a predisposition to fabricate a charge of rape.
  • State v. Hagen 391 N.W.2d 888 Minn. Ct. App. 1986
  • State v. Hagen 391 N.W.2d 888 Minn. Ct. App. 1986
  • State v. Larson 389 N.W.2d 872 Minn. 1986
  • State v. Larson 389 N.W.2d 872 Minn. 1986
    In this case, we do not find that possibility present.
  • Powe v. State 389 N.W.2d 215 Minn. Ct. App. 1986
  • Powe v. State 389 N.W.2d 215 Minn. Ct. App. 1986
    3 prohibits the admission of evidence concerning a complainant’s previous sexual conduct except under limited circumstances, it has been established that, when evidence tends to establish a predisposition to fabricate a charge of rape, it “should be admitted unless the potential for unfair prejudice substantially outweighs its probative value.” (citing United States v. Kasto, 584 F.2d 268 , 271 n. 2 (8th Cir.1978)).
  • State v. Gerring 378 N.W.2d 94 Minn. Ct. App. 1985
  • State v. Gerring 378 N.W.2d 94 Minn. Ct. App. 1985
  • Bushie v. City of Crookston 368 N.W.2d 424 Minn. Ct. App. 1985
  • Bushie v. City of Crookston 368 N.W.2d 424 Minn. Ct. App. 1985
    the supreme court refused to grant a new trial in a criminal case where the trial court had included the instruction on false testimony because the instruction did not single out the defendant.
  • State v. Hutchinson 688 P.2d 209 Ariz. Ct. App. Div. 2 1984