Cited by

Opinions in Minnesota that cite State v. Clifton, 701 N.W.2d 793.

58 citing documents.

  • State of Minnesota v. Cody Michael Bauer Minn. Ct. App. 2024
    Additionally, Minnesota caselaw states that the jury instruction on this right “should not be given without the personal and clear consent of the defendant.”
  • State of Minnesota v. Brian Harry Kjellberg Minn. Ct. App. 2024
    Moreover, “it is improper to inject race into a closing argument when race is not relevant.”
  • State of Minnesota v. Amy Lynn Monson Minn. Ct. App. 2024
    A district court “should not give a no- adverse-inference instruction unless the defense requests it and then, the better practice is for the [district] court to inquire of the defendant himself whether he wishes to have such an instruction.” McCollum, d at 616; (“We have made clear that [the no- adverse- inference instruction] should not be given without the personal and clear consent of the defendant.”).
  • State of Minnesota v. Said Sharif Maye 6 N.W.3d 103 Minn. 2024
  • State of Minnesota v. Said Sharif Maye 6 N.W.3d 103 Minn. 2024
  • State of Minnesota v. Said Sharif Maye Minn. Ct. App. 2023
    8 assume that the defendant made the threats or that associates of the defendant did so at the defendant’s behest.” (quotation omitted).
  • State of Minnesota v. Franchel Delmar Davis Minn. Ct. App. 2023
    “Bias may be induced by a witness’ like, dislike, or fear of a party, or by the witness’ self -interest.” (emphasis added) (quoting United States v. Abel, 469 U.S. 45, 52 (1984).
  • State of Minnesota v. Joseph Ndichu Kinyanjui Minn. Ct. App. 2022
    Id.; (stating that a district court must obtain the defendant’s “personal and clear consent” before giving the instruction).
  • State of Minnesota v. Larry Jonnell Gilbert Minn. Ct. App. 2021
  • State of Minnesota v. Brian Joseph Andvik Minn. Ct. App. 2020
    State v. Clifton , d 793, 798 (Minn. 2005).
  • State of Minnesota v. Brock William Fredin Minn. Ct. App. 2020
    Compare Gomez, d at 881 (concluding that district court committed plain error by giving no-inference instruc tion because the record did not establish defendant’s consent), with State v. Clifton , (“Our independent review of the record satisfies us that [defendant] and his attorney agreed to the instruction.”).
  • State of Minnesota v. Terry Lynn Neitzel Minn. Ct. App. 2020
    “A [district] court ordinarily should not give a no - adverse-inference instruction unless the defense requests it,” and because the instruction “calls the defendant’s silence to the jury’s attention,” the instruction “ordinarily should not be done without the defendant’s personal consent.” 616-17 (Minn. 2002); (“We have made clear that CRIMJIG 3.17 should not be given without the personal and clear consent of the defendant.”).
  • State of Minnesota v. Christian Dulue Flah Minn. Ct. App. 2019
    “A [district] court ordinarily should not give a no -adverse-inference instruction unless the defe nse requests it ,” and because the instruction “calls the defendant’s silence to the jury’s attention,” the instruction “ordinarily should not be done without the defendant’s personal consent .” McCollum, d at 616–17; see also State v. Clifton , (“We have made clear that CRIMJIG 3.17 should not be given without the personal and clear consent of the defendant.”).
  • State of Minnesota v. Eli Jovanny Masani Minn. Ct. App. 2019
    The no-adverse-inference instruction “should not be given without the personal and clear consent of the defendant.”
  • Distinguished State of Minnesota v. Brian Ven Vangrevenhof Minn. Ct. App. 2019
    Appellant attempts to meet this burden and obtain a new trial by relying on three Minnesota cases, review denied (Minn. May 16, 2000)
  • State of Minnesota v. Abdulaziz Mohamed Yussuf Minn. Ct. App. 2019
    “Proof of bias is almost always relevant because the jury, as finder of fact and weigher of credibility, has historically been entitled to assess all evidence which might bear on the accuracy and truth of a witness’ testimony.” United States v. Abel, 469 U.S. 45, 52, 105 S. Ct. 465, 469 (1984); d 793, 797 (Minn. 2005) (“Evidence of bias is al most always relevant .
  • State of Minnesota v. Eddie Kamor James Minn. Ct. App. 2019
    And in cases where threat evidence is admissi ble, the district court should provide “cautionary 13 instructions to prevent the evidence from being misused.” State v. Clifton , d 793, 797 (Minn. 2005).
  • State v. Sam 904 N.W.2d 463 Minn. Ct. App. 2017
  • State v. Sam 904 N.W.2d 463 Minn. Ct. App. 2017
  • State of Minnesota v. Daniel Lee Plantenberg Minn. Ct. App. 2017
    “Evidence of bias is almost always relevant because the jury, as finder of fact and weigher of credibility, has historically been entitled to assess all evidence which might bear on the accuracy and truth of a witness’ testimony.” (quotation omitted).
  • State of Minnesota v. David Wayne Grauel Minn. Ct. App. 2016
  • State of Minnesota v. David Wayne Grauel Minn. Ct. App. 2016
  • State of Minnesota v. Arnold Lee Scott Minn. Ct. App. 2016
  • State of Minnesota v. Arnold Lee Scott Minn. Ct. App. 2016
  • State of Minnesota v. Amy Andrea Horsfield Minn. Ct. App. 2015
  • State of Minnesota v. Amy Andrea Horsfield Minn. Ct. App. 2015
    “Evidence of bias ‘is almost always relevant because the jury, as finder of fact and weigher of credibility, has historically been entitled to assess all evidence which might bear on the accuracy and truth of a witness’[s] testimony.’” d 793, 797 (Minn. 2005) (quoting United States v. Abel, 469 U.S. 45, 52, 105 S. Ct. 465, 469 (1984)).
  • State of Minnesota v. Janiece Rochelle Asante Minn. Ct. App. 2014
  • State of Minnesota v. Janiece Rochelle Asante Minn. Ct. App. 2014
    whether [he or she] wishes to have such an instruction.” accord McCollum, d at 617 (stating that if the defendant requests the instruction, the district court or defense counsel should make a record of “the defendant’s clear consent and insistence that the instruction be given”).
  • State v. Diggins 836 N.W.2d 349 Minn. 2013
  • State v. Diggins 836 N.W.2d 349 Minn. 2013
  • Clifton v. State 830 N.W.2d 434 Minn. 2013
  • Clifton v. State 830 N.W.2d 434 Minn. 2013
  • State v. Hayes 826 N.W.2d 799 Minn. 2013
  • State v. Hayes 826 N.W.2d 799 Minn. 2013
    d at 51 (-98 (Minn.2005)).
  • State v. Beecroft 813 N.W.2d 814 Minn. 2012
  • State v. Carridine 812 N.W.2d 130 Minn. 2012
  • State v. Carridine 812 N.W.2d 130 Minn. 2012
  • State v. Atkinson 774 N.W.2d 584 Minn. 2009
  • State v. Atkinson 774 N.W.2d 584 Minn. 2009
    (observing that evidence of third-party threats against witnesses could be ex *595 tremely prejudicial if viewed as coming from defendant).
  • State v. Graham 764 N.W.2d 340 Minn. 2009
  • State v. Graham 764 N.W.2d 340 Minn. 2009
    If we conclude that the State committed prose-cutorial misconduct, we will grant a new trial when the misconduct “impaired the defendant’s right to a fair trial.” -99 (Minn.2005) (citation omitted) (internal quotation marks omitted).
  • State v. Evans 756 N.W.2d 854 Minn. 2008
  • State v. Evans 756 N.W.2d 854 Minn. 2008
  • State v. Green 747 N.W.2d 912 Minn. 2008
  • State v. Green 747 N.W.2d 912 Minn. 2008
    (declining to grant new trial in interests of justice because alleged prose-cutorial errors “appear to be the result of oversight or mistake, not deliberate attempts to hide facts or surprise the defense”), (stating that, although prosecutor’s comments were inappropriate, she did not use race to disparage defendant and her argument had basis in record, thus rendering reversal in interests of justice inappropriate), (reversing in interests of justice
  • In re the Welfare of the Child of B.J.-M. 744 N.W.2d 669 Minn. 2008
  • In Re Bj-M. 744 N.W.2d 669 Minn. 2008
  • In re the Welfare of the Child of B.J.-M. 744 N.W.2d 669 Minn. 2008
  • In Re Bj-M. 744 N.W.2d 669 Minn. 2008
  • State v. McArthur 730 N.W.2d 44 Minn. 2007