Cited by

Opinions in Minnesota that cite State v. Ness, 707 N.W.2d 676.

326 citing documents.

State of Minnesota v. Willie B. Brown, Jr. Minn. Ct. App. 2020
State v. Ness , (citation omitted).
State of Minnesota v. Antonio Cornelius Neal Minn. Ct. App. 2020
State of Minnesota v. Liban Khalif Abdirahman Minn. Ct. App. 2020
State of Minnesota v. Shawn William Lampi Minn. Ct. App. 2020
State of Minnesota v. Edgar Noe Lopez-Monter Minn. Ct. App. 2020
State of Minnesota v. Abner Otwoma Momanyi Minn. Ct. App. 2020
404(b); 685 (Minn. 2006).
State of Minnesota v. Lee Andrew Bolton Minn. Ct. App. 2020
-86 (Minn. 2006); see Minn. R. Evid.
State of Minnesota, Minn. 2020
State of Minnesota v. Shawn Clarke Spottswood Minn. Ct. App. 2020
But other-crimes evidence, or Spreigl evidence, may be admissible to prove “motive, intent, knowledge, identity, absence of mistake or accident, or a common scheme or plan.” see also id.
State of Minnesota v. Brad Donald Tomlinson Minn. Ct. App. 2019
404(b)(1); State v. Ness
State of Minnesota v. Tamico Annette Reed Minn. Ct. App. 2019
There is a danger in admitting such evidence as “the jury may convict because of those other crimes or misconduct, not because the defendant’s guilt of the charged crime is proved.”
State of Minnesota v. Nicholas James Bandur Minn. Ct. App. 2019
State of Minnesota v. Kent David Olson Minn. Ct. App. 2019
There is a danger in admitting evidence of a defendant’s prior bad acts because “the jury may convict because of those other crimes or misconduct, not because the defendant’s guilt of the charged crime is proved.”
State of Minnesota v. Victor Issac Wion Minn. Ct. App. 2019
5 evidence is generally inadmissible because “ the jury may convict because of those other crimes or misconduct, not because the defendant’s guilt of the charged crime is proved.”
State of Minnesota v. Christopher O'Brien Bogan Minn. Ct. App. 2019
State of Minnesota v. Gerald James Risk Minn. Ct. App. 2019
11 charged crime is proved.”
State v. Jaros 932 N.W.2d 466 Minn. 2019
State v. Jaros 932 N.W.2d 466 Minn. 2019
rial,' " we are required to apply a constitutional test to the erroneous admission of prior bad acts evidence (quoting State v. Fardan , , 315 (Minn. 2009) )); see also Fardan , d at 320 n.9 (stating that we are not required to apply "the surely unattributable test to an erroneous admission of Spriegl evidence that does not involve a constitutional error"); State v. Ness , , 691 (Minn. 2006) ("When the district court has erroneously admitted other-acts evidence, this court must determine whether
State v. Smith 932 N.W.2d 257 Minn. 2019
State v. Smith 932 N.W.2d 257 Minn. 2019
404(b) ; State v. Ness , , 685 (Minn. 2006).
State of Minnesota v. Victor Wayne Lynch Minn. Ct. App. 2019
Id.; see also State v. Ness , -86 (Minn. 2006).
State of Minnesota v. Jason Ronald Stauffer Minn. Ct. App. 2019
State of Minnesota v. Mario Alejandro Lanas Minn. Ct. App. 2019
State of Minnesota v. Clarence Alvin Cooper Minn. Ct. App. 2019
5 State v. Ness , -86 (Minn. 2006); see Minn. R. Evid.
State of Minnesota v. Lance Martin Odegard Minn. Ct. App. 2019
Id.; see also State v. Ness , –86 (Minn. 2006).
State of Minnesota v. Devell Eshawn Warren Minn. Ct. App. 2018
State of Minnesota v. Antonio Albert Schally Minn. Ct. App. 2018
State of Minnesota v. Jason Lee Cooley Minn. Ct. App. 2018
State of Minnesota v. Angel Pablo Torres, Jr. Minn. Ct. App. 2018
State of Minnesota v. Anthony Paul Hernandez Minn. Ct. App. 2018
State v. Ness , -86 (Minn. 13 2006).
State of Minnesota v. Stephen Thomas Conlin Minn. Ct. App. 2018
State v. Barthman 917 N.W.2d 119 Minn. Ct. App. 2018
State v. Barthman 917 N.W.2d 119 Minn. Ct. App. 2018
State v. Ness , , 686 (Minn. 2006).
State of Minnesota v. Johann Richard Sebastian Minn. Ct. App. 2018
The appellant “bears the burden of showing the error and any resulting prejudice.” (quotation omitted).
State of Minnesota v. Anthony Marcellus Richmond Minn. Ct. App. 2018
The general concern with admitting Spreigl evidence is that the jury might use the evidence for an improper purpose, “such as suggesting that the defendant has a propensity to commit the [charged] crime.” State v. Ness , d 676, 685 (Minn. 2006).
State of Minnesota v. Larry Donnell Griffin Minn. Ct. App. 2018
The “general exclusionary rule is grounded in the defendant’s constitutional right to a fair trial.” (citing State v. Spreigl, 272 Minn. 488, 495, ).
State of Minnesota v. Humberto Acevedo, Jr. Minn. Ct. App. 2018
404(b); -86 (Minn. 2006).
State of Minnesota v. Keith Lamar Robinson Minn. Ct. App. 2018
State v. Ness , -86 (Minn. 2006).
State of Minnesota v. Larry Gene Lester Minn. Ct. App. 2018
Erroneous admission of other-acts evidence cons titutes reversible error only if there is a “reasonable possibility that the wrongfully ad mitted evidence significa ntly affected the verdict.”
State of Minnesota v. Darnell McDaniels Minn. Ct. App. 2018
See State v. McLeod , 16 –88 (Minn. 2005); –86 (Minn. 2006) (requiring district court to undertake five -step process in admitting Spreigl evidence).
State of Minnesota v. Jonathan David Janssen Minn. Ct. App. 2018
State of Minnesota v. Bryant Jockieth Malone Minn. Ct. App. 2018
6 (Spreigl2 evidence); (relationship evidence), review denied (Minn. Oct.
Majinieke Vasha Thompson v. State of Minnesota Minn. Ct. App. 2018
State of Minnesota v. Ahmed Abdirahim Abdi Minn. Ct. App. 2018
State of Minnesota v. Tyler Manfred Lukat Minn. Ct. App. 2018
ther purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident,” but only if, among other things, “the prosecutor clearly 6 indicates what the evidence will be offered to prove” and “the probative value of the evidence is not outweighed by its potential for unfair prejudice to the defendant.” Id.; –86 (Minn. 2006).
State of Minnesota v. Donald Deundre Harris, Jr. Minn. Ct. App. 2018
State of Minnesota v. Jesus Octavio Peralta Minn. Ct. App. 2017
State of Minnesota v. Timothy Neal Grengs Minn. Ct. App. 2017
State of Minnesota v. Patricia Jean Ryerson Minn. Ct. App. 2017
State of Minnesota v. Justin Jeffrey Scharenbroich Minn. Ct. App. 2017