Cited by
Opinions in Minnesota that cite State v. Ness, 707 N.W.2d 676.
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A19-1493
Minn. Ct. App. 2020
State v. Ness , (citation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
404(b); 685 (Minn. 2006).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
-86 (Minn. 2006); see Minn. R. Evid.
- State of Minnesota, Minn. 2020
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State of Minnesota, Respondent,
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.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
404(b)(1); State v. Ness
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
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.”
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
11 charged crime is proved.”
- State v. Jaros 932 N.W.2d 466 Minn. 2019
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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
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State v. Smith
932 N.W.2d 257
Minn. 2019
404(b) ; State v. Ness , , 685 (Minn. 2006).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Id.; see also State v. Ness , -86 (Minn. 2006).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
5 State v. Ness , -86 (Minn. 2006); see Minn. R. Evid.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Id.; see also State v. Ness , –86 (Minn. 2006).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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A17-0191
Minn. Ct. App. 2018
State v. Ness , -86 (Minn. 13 2006).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State v. Barthman 917 N.W.2d 119 Minn. Ct. App. 2018
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State v. Barthman
917 N.W.2d 119
Minn. Ct. App. 2018
State v. Ness , , 686 (Minn. 2006).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
The appellant “bears the burden of showing the error and any resulting prejudice.” (quotation omitted).
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State of Minnesota, Respondent,
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).
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State of Minnesota, Respondent,
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, ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
404(b); -86 (Minn. 2006).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
State v. Ness , -86 (Minn. 2006).
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State of Minnesota, Respondent,
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.”
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
6 (Spreigl2 evidence); (relationship evidence), review denied (Minn. Oct.
- Majinieke Vasha Thompson, petitioner, Appellant, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017