Cited by
Opinions in Minnesota that cite State v. Ness, 707 N.W.2d 676.
- State of Minnesota v. Micheal Lee Cocuzzi Minn. Ct. App. 2023
- State of Minnesota v. David Eugene Richardson Jr. Minn. Ct. App. 2023
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State of Minnesota v. KaFuba FoFana
Minn. Ct. App. 2023
The overarching concern associated with the admission of Spreigl evidence is that “it might be used for an improper purpose, such as suggesting that the defendant has a propensity to commit the crime or that the defendant is a proper candidate for punishment for his or her past acts.”
- State of Minnesota v. Cody Richard Pitkin Minn. Ct. App. 2023
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State of Minnesota v. Ellric Alfred Giroux, III
Minn. Ct. App. 2023
(“In cases such as this one, sexual or aggressive intent can readily be inferred from the contacts themselves; here, there 7 could be no other reason for [defendant] to touch [alleged victim’s] intimate parts.”).
- State of Minnesota v. Lorenzo Thomas Sims Minn. Ct. App. 2023
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State of Minnesota v. Zaki Malik Saleem
Minn. Ct. App. 2023
However, this evidence is admissible to show “motive, intent, knowledge, identity, absence of mistake or accident, or a common scheme or plan.”
- State of Minnesota v. Steven Douglas Nelson Minn. Ct. App. 2023
- State of Minnesota v. Brenda Marie Tucker (A22-0966), and Brenda Marie Tucker (A22-0979), vs. State of Minnesota Minn. Ct. App. 2023
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State of Minnesota v. Dennis Michael St. John, Jr.
Minn. Ct. App. 2023
6 (Minn. 2006) (holding that the district court did not abuse its discretion when it “determined that [Spreigl victim’s] testimony was credible ” and thus that defendant’s participation in the incidents was “clear and convincing”); Kennedy, d at 390 (“In fact, [the Minnesota Supreme Court] has on num
- State of Minnesota v. William Lee Carter Minn. Ct. App. 2023
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State of Minnesota v. Walter James Abrams
Minn. Ct. App. 2023
(laying out a balancing test for remote prior bad act evidence).
- State of Minnesota v. Jeffrey Alan Mcraven Minn. Ct. App. 2023
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State of Minnesota v. Mark Scott Hendrickson
Minn. Ct. App. 2023
6 Appellate courts “review[] the district court’s decision to admit Spreigl evidence for an abuse of discretion.”
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State of Minnesota v. Mal Pauliet Tharjiath
Minn. Ct. App. 2023
(distinguishing motive from intent, noting that “motive concerns external facts that create a desire in someone to do something, whereas intent is a state of mind in which an act is done consciously, with purpose”).
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State of Minnesota v. Jose Alejandro Mejia-Bonilla
Minn. Ct. App. 2023
Under Spreigl, the district court must “isolate[e] the consequential fact for which the evidence is offered, and then determin[e] the relationship of the offered evidence to that fact and the relationship of the consequential fact to the disputed issues in the case.”
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In the Matter of the Welfare of: D. L. N., Child
Minn. Ct. App. 2023
The principal concern with the admission of Spreigl evidence is that “it might be used for an improper purpose, such as suggesting that the defendant has a propensity to commit the crime or that the defendant is a proper candidate for punishment for his or her past acts.”
- State of Minnesota v. Benjamin Joseph Altobelli Minn. Ct. App. 2023
- State of Minnesota v. Wayne Alan Bothun Minn. Ct. App. 2023
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State of Minnesota v. Dorell Monte Young
Minn. Ct. App. 2022
whether the state has “clearly indicate[d] what the evidence will be offered to prove”; (3) whether there is “clear and convincing evidence that the defendant participated in the prior act”; (4) whether the evidence is “relevant and material to the state’s case”; and (5) whether the probative value of the evidence is “outweighed by its potential prejudice to the defendant.” State v. Ness , - 86 (Minn. 2006).
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State of Minnesota v. Derrick George Rocha
Minn. Ct. App. 2022
State v. Ness , -86 (Minn. 2006).
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State of Minnesota v. Noe Roushbel Gonzalez
Minn. Ct. App. 2022
“The danger in admitting such evidence is that the jury may convict because of those other 14 crimes or misconduct, not because the defendant’s guilt of the charged crime is proved.”
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State of Minnesota v. Jeffrey Michael Murdent
Minn. Ct. App. 2022
10 Generally, “[e]vidence of other crimes, wr ongs, or acts is not admissible to prove the character of a person to show that the person acted in conformity therewith on a particular occasion.” State v. Ness , (citing Minn. R. Evid.
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State of Minnesota v. Raeleen Kay Johnson
Minn. Ct. App. 2022
The principal concern with the admission of Spreigl evidence is that “it might be used for an improper purpose, such as suggesting that the defendant has a propensity to commit the crime or that the defendant is a proper candidate for punishment for his or her past acts.”
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State of Minnesota v. Travis John Stancer
Minn. Ct. App. 2022
The supreme court has held that, if a district court has erroneously admitted Spreigl evidence, an appellate court “must determine whether there is a reasonable possibility that the wrongfully admitted evidence significantly affected the verdict.”
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State of Minnesota v. Keith Allan Baker
Minn. Ct. App. 2022
d 676, 687 (Minn. 2006).
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State of Minnesota v. Bounkieng Sinthavong
Minn. Ct. App. 2022
The principal concern with the admission of Spreigl evidence is that “it might be used for an improper purpose, such as suggesting that the defendant has a propensity to commit the crime or that the defendant is a proper candidate for punishment for his or her past acts.”
- State of Minnesota v. Carlos Antonio Banegas Rodriguez Minn. Ct. App. 2022
- State of Minnesota v. Shane Kenneth Wallace Minn. Ct. App. 2022
- State of Minnesota v. Maurice Londell McClendon Minn. Ct. App. 2022
- State of Minnesota v. Trinidad Jesus Garcia Minn. Ct. App. 2022
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State of Minnesota v. Jason William Olson
Minn. Ct. App. 2022
State v. Ness , State v. Spreigl , d 167, 172 (Minn. 1965).
- Ronald Lee Schlangen v. State of Minnesota Minn. Ct. App. 2021
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State of Minnesota v. Latese Capree Hudson
Minn. Ct. App. 2021
But the evidence may be admissible for another purpose, includi ng “showing motive, intent, k nowledge, identity , absence of mistake or accident, or a common scheme or plan.” 1 Hudson also pleaded guilty to a felon-in-possession-of-a -firearm charge for which the district court imposed a concurrent 60-month sentence.
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State of Minnesota v. Terrvante Rennicko Hicks
Minn. Ct. App. 2021
But the eviden ce may be admissible for another purpose, including “showing motive, intent, knowledge, identity, absence of mistake or accident, or a common scheme or plan.” (M inn.
- State of Minnesota v. Matthew Steven Kimmes Minn. Ct. App. 2021
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State of Minnesota v. Clifford Lamont Lea
Minn. Ct. App. 2021
- 86 (Minn. 2006); Minn. R. Evid.
- State of Minnesota v. Jamal Tyshawn Jackson Minn. Ct. App. 2021
- State of Minnesota v. Michael Darron Ware Minn. Ct. App. 2021
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State of Minnesota v. Allison Ann Mastin
Minn. Ct. App. 2021
The erroneous admission of evidence is harmless if there is no “reasonable possibility that the wrongfully admitted evidence significantly affected the verdict.”
- State of Minnesota v. Daniel Edward Nixon Minn. Ct. App. 2021
- State of Minnesota v. Daniel Edward Nixon Minn. Ct. App. 2021
- State of Minnesota v. Daniel Edward Nixon Minn. Ct. App. 2021
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State of Minnesota v. Gabriel Miguel Mitchell
Minn. Ct. App. 2021
“The use of Spreigl evidence to show a common scheme or plan has been endorsed repeatedly, despite the particular risk it poses for unfair prejudice.”
- State of Minnesota v. Raymon Freeman Minn. Ct. App. 2021
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State of Minnesota v. Jessica Katherine James
Minn. Ct. App. 2021
conceived design of any sort animating [appellant]’s conduct.” The district court also found that “[appellant] appear[ed] to have acted impulsively during each incident.” But the district court went on to state that “the existence of an actual plan is not the only basis upon which evidence of prior sexual abuse may be admitted under Rule 404(b).” The district court, –88 (Minn. 2006), concluded that rule 404(b) “embraces evidence of offenses which, because of their marked similarity in modus oper
- State of Minnesota v. Davion Lee Jones Minn. Ct. App. 2021
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State of Minnesota v. Korie Jermaine Wash
Minn. Ct. App. 2020
(citing State v. Spreigl , ).
- State of Minnesota v. Lukas Roy Miller Minn. Ct. App. 2020
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State of Minnesota v. Arthur Rafie Mullins
Minn. Ct. App. 2020
(stating that specific sexual or aggressive intent can be inferred from an individual’s acts themselves when there is no other reason for an individual to commit those acts); State v. Raymond , (“Intent is an inference drawn by the jury from the totality of circums