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