Cited by
Opinions in Minnesota that cite State v. Blanche, 696 N.W.2d 351.
- State of Minnesota v. Anthony London Foresta Minn. Ct. App. 2016
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State of Minnesota v. Anthony London Foresta
Minn. Ct. App. 2016
that circumstances of the case raise an inference that the exclusion was based on race.” –65 (Minn. 2005).
- State of Minnesota v. Robert John Meyers 869 N.W.2d 893 Minn. 2015
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State of Minnesota v. Robert John Meyers
869 N.W.2d 893
Minn. 2015
-79 (Minn. 2005) (stating that certain facts cannot be used to support a departure, including facts necessary to prove elements of the offense for which a sentence is imposed).
- In the Matter of the Welfare of: P. J. K., Child. Minn. Ct. App. 2015
- In the Matter of the Welfare of: P. J. K., Child. Minn. Ct. App. 2015
- State of Minnesota v. Kemen Lavatos Taylor, II 869 N.W.2d 1 Minn. 2015
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State of Minnesota v. Kemen Lavatos Taylor, II
869 N.W.2d 1
Minn. 2015
But we have cautioned that “district courts should exercise caution in admitting gang-expert testimony because of the potential for such experts to unduly influence the jury.”
- State of Minnesota v. Wilfred Carl Hudson Minn. Ct. App. 2015
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State of Minnesota v. Wilfred Carl Hudson
Minn. Ct. App. 2015
Witness credibility determinations are strictly the domain of the jury.”
- State of Minnesota v. Dario Jothzan Abla-Salmeron Minn. Ct. App. 2015
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State of Minnesota v. Dario Jothzan Abla-Salmeron
Minn. Ct. App. 2015
The erroneous admission of expert testimony requires reversal “only when the error substantially influence[d] the jury’s decision.” (quotation omitted).
- State of Minnesota v. Dylan Micheal Kelley 855 N.W.2d 269 Minn. 2014
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State of Minnesota v. Dylan Micheal Kelley
855 N.W.2d 269
Minn. 2014
Tscheu, d at 863 (involving a case in which the law had not changed during the pendency of the appeal); (same); (same); (same); (same); (same).
- State of Minnesota v. Joseph Michael Tuseth Minn. Ct. App. 2014
- State of Minnesota v. Joseph Michael Tuseth Minn. Ct. App. 2014
- State v. Johnson 811 N.W.2d 136 Minn. Ct. App. 2012
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State v. Johnson
811 N.W.2d 136
Minn. Ct. App. 2012
In reviewing a joinder issue, this court conducts “an independent inquiry into any substantial prejudice to defendants that may have resulted from their being joined for trial.” (quotation omitted).
- State v. Usee 800 N.W.2d 192 Minn. Ct. App. 2011
- State v. Usee 800 N.W.2d 192 Minn. Ct. App. 2011
- State v. Hahn 799 N.W.2d 25 Minn. Ct. App. 2011
- State v. Edwards 774 N.W.2d 596 Minn. 2009
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State v. Edwards
774 N.W.2d 596
Minn. 2009
-79 (Minn.2005) (“The reasons used for departing must not themselves be elements of the underlying crime.”)
- State v. Yang 774 N.W.2d 539 Minn. 2009
- State v. Vang 774 N.W.2d 566 Minn. 2009
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State v. Vang
774 N.W.2d 566
Minn. 2009
379 (Minn.2005), we held that consecutive sentencing of conspiracy and first-degree murder convictions did not exaggerate the defendant’s criminality given the presence of several factors: (1) the existence of multiple victims, both intended (Scott) and unintended (Phillips); (2) Phillips’ vulnerability and comp
- State v. Yang 774 N.W.2d 539 Minn. 2009
- State v. Jackson 773 N.W.2d 111 Minn. 2009
- State v. Martin 773 N.W.2d 89 Minn. 2009
- State v. Jackson 773 N.W.2d 111 Minn. 2009
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State v. Martin
773 N.W.2d 89
Minn. 2009
Review of joinder decisions requires “an independent inquiry into [whether] any substantial prejudice to defendants may have resulted from the joinder.” ().
- State v. Burrell 772 N.W.2d 459 Minn. 2009
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State v. Burrell
772 N.W.2d 459
Minn. 2009
374 (Minn.2005) (disapproving of gang expert testimony that gang members sho[o]t at each other, gang members have to retaliate, and that gang members are not cooperative with the police.).
- State v. Hodges 770 N.W.2d 515 Minn. 2009
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State v. Hodges
770 N.W.2d 515
Minn. 2009
(holding that to be a "proper departure,” " ’[t]he reasons used for departing must not themselves be elements of the underlying crime.’ ” (-79 (Minn.2005))).
- State v. Bobo 770 N.W.2d 129 Minn. 2009
- State v. Bobo 770 N.W.2d 129 Minn. 2009
- State v. Grampre 766 N.W.2d 347 Minn. Ct. App. 2009
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State v. Grampre
766 N.W.2d 347
Minn. Ct. App. 2009
(alteration in original) (-79 (Minn.2005)).
- State v. Clark 755 N.W.2d 241 Minn. 2008
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State v. Clark
755 N.W.2d 241
Minn. 2008
377 n. 10 (Minn.2005); see also Minn. R. Evid.
- State v. Jackson 749 N.W.2d 353 Minn. 2008
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State v. Jackson
749 N.W.2d 353
Minn. 2008
(affirming sentencing departure when, in an attempt to assassinate a rival gang member, ten bullets were indiscriminately fired in a residential area and a particularly vulnerable child was *361 shot to death while playing on a friend’s front porch).
- State v. Jones 745 N.W.2d 845 Minn. 2008
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State v. Jones
745 N.W.2d 845
Minn. 2008
3 Among the boundaries identified for proper departure is that “[t]he reasons used for departing must not themselves be elements of the underlying crime.” -79 (Minn.2005) (-24 (Minn. 2002)); (holding that elements of lesser-included offenses “cannot support upward sentencing departures”).
- Cooper v. State 745 N.W.2d 188 Minn. 2008
- Cooper v. State 745 N.W.2d 188 Minn. 2008
- State v. Burrell 743 N.W.2d 596 Minn. 2008
- State v. Wren 738 N.W.2d 378 Minn. 2007
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State v. Wren
738 N.W.2d 378
Minn. 2007
In order to establish step one, a prima facie case under Batson , the opponent of a peremptory challenge must show “(1) that a member of a protected racial group has been peremptorily excluded from the jury and (2) that circumstances of the case raise an inference that the exclusion was based on race.”