Cited by

Opinions in Minnesota that cite State v. Morton, 701 N.W.2d 225.

91 citing documents.

  • State of Minnesota v. Chad Alan Blood Milhausen, Jr. Minn. Ct. App. 2026
    When credibility is a central issue in a case, reviewing courts “pay special attention to statements that may inflame or prejudice the jury.”
  • State of Minnesota v. Nathan Taylor Sheldon Minn. Ct. App. 2026
    “[A]s a general rule, ‘were they lying’ questions are inappropriate.”
  • State of Minnesota v. Dylan Robert Simmons Minn. Ct. App. 2026
    (stating that photos in a murder case “are not rendered inadmissible just because they vividly depict a shocking crime or incidentally tend to arouse the passions and prejudices of the jurors”); (concluding that a video recording of a victim’s dy
  • State of Minnesota v. Benard Mogaka Okero Minn. Ct. App. 2026
    5 But after its decision in Pilot, the supreme court later characterized that case as “indicat[ing] that [were-they-lying] questions are permitted in the circumstance when the defendant ‘[holds] the issue of the credibility of the state’s witnesses in central focus.’” (quoting Pilot, d at 517).
  • State of Minnesota v. Travis Joel Bauer Minn. Ct. App. 2025
  • State of Minnesota v. Tyrel Traverse Ambuehl Minn. Ct. App. 2025
  • State of Minnesota v. Mylene Vialard Minn. Ct. App. 2025
    For these reasons, prosecutors must refrain from conduct such as endorsing a witness’s credibility, d 89, 106 (Minn. 2009), attempting to bring inadmissible evidence to the attention of the jury, “inflaming the jury’s passions and prejudices against the defendant,” (quotation omitted), and discussing facts not in evidence during closing argument
  • State of Minnesota v. Bruce Archie Turner Minn. Ct. App. 2025
    “Photographs are admissible if they accurately portray anything that a witness may describe in words, or the photographs are helpful as an aid to an oral description of objects and conditions, provided they are relevant to some material issue.”
  • In the Matter of the Welfare of: R. A. C., Child Minn. Ct. App. 2024
    is a brave girl who deserves justice.” “A prosecutor must avoid inflaming the [fact-finder’s] passions and prejudices against the defendant.” (quotation omitted).
  • State of Minnesota v. Kristopher Daniel Schwabe Minn. Ct. App. 2023
    As a general rule, it is inappropriate for the state to ask a criminal defendant “were they lying” questions because such questions “are perceived as unfairly giving the jury the impression that in order to acquit, it must determine that the witness whose testimony contradicts the defendant’s testimony is lyin g.” (citing Pilot, d at 51 6).
  • State of Minnesota v. Daniel Saldana Minn. Ct. App. 2023
    “A prosecutor must avoid inflaming the jury’s passions and prejudices against the defendant.” (quotation omitted).
  • State of Minnesota v. Tialee Marie Grassini Minn. Ct. App. 2022
    “ An error is harmless beyond a reasonable doubt only if the verdict rendered was surely unattributable to the error.”
  • State of Minnesota v. Chad William Everett Minn. Ct. App. 2021
    Moreover, even in the context of “were they lying” questions, the state may ask such questions when the defense “holds the issue of the credibility of the state’s witnesses in central focus.”
  • Paul Matthew Ashfeld v. State of Minnesota Minn. Ct. App. 2021
    ing arguments, and the error was plain, [Ashfeld] is not entitled to the relief he seeks because he failed to establish, when assessing the closing ar guments as a whole, how the jury was prejudiced by the analogy raised one time in the entire context of all closing arguments.” “A prosecutor must avoid inflaming the jury’s passions and prejudices against the defendant.” State v. Morton , (quotation omitted).
  • State of Minnesota v. Clifford Lamont Lea Minn. Ct. App. 2021
    Prosecuting attorneys must “avoid inflaming the jury’ s passions and prejudices against the defendant.” (quotation omitted).
  • State of Minnesota v. Jessica Katherine James Minn. Ct. App. 2021
    “A prosecutor must avoid inflaming the jury’s passions and prejudices again st the defendant.” State v. Morton , (quotation omitted) .
  • State of Minnesota v. Derrick Lee Riddle Minn. Ct. App. 2020
    review denied (Minn. Aug.
  • State of Minnesota v. Allison Elizabeth Gardner Minn. Ct. App. 2020
    State 8 v. Morton, review denied (Minn. Aug.
  • State of Minnesota v. Antonio Fransion Jenkins, Sr. Minn. Ct. App. 2019
    State v. Crane , review denied (Minn. Aug.
  • State of Minnesota v. Dana Dionte Davis Minn. Ct. App. 2019
  • State of Minnesota v. Phillip Michael Johnson Minn. Ct. App. 2019
    (“While the state’s argument need not be ‘colorless,’ it must be based on the evidence produced at trial, or the reasonable inferences 12 from that evidence.”).
  • David Wayne Benolt v. State of Minnesota Minn. Ct. App. 2019
    This contradicts the clear rule that a prosecutor cannot refer to evidence outside of the record in closing argument, d 225, 237 (Minn. 2005), and cannot use impeachment evidence as s ubstantive evidence in closing, State v. Radke
  • State of Minnesota v. Duane Griffin Gauna Minn. Ct. App. 2018
    See State v. Morton , (noting that “were-they-lying” questions are improper because t hey can create the impression that the jury must believe a witness was lying in order to acquit the defendant).
  • State of Minnesota v. Lester Corey Bates Minn. Ct. App. 2018
    State v. M orton, State v. Crane , review denied (Minn. Aug.
  • State of Minnesota v. Shawn Michael Peterson Minn. Ct. App. 2018
    Such questions “are permissible when the defendant holds the issue of the credibility of the state’s witnesses in central focus.” (quotation and alteration omitted), and this court has approved their use when “the defense expressly or by unmistakable insinuation accuses a witness of a falsehood.” review denied (Minn. Mar.
  • State of Minnesota v. Adam Joseph Rodman Minn. Ct. App. 2018
    see also Montjoy, d at 109; see also State v. Ford , (holding that the prosecutor’s comments on accountability “seem less of an impassioned plea to send a message, but rather an inartful .
  • State of Minnesota v. Boe Michael Tankersley Minn. Ct. App. 2018
    -36 (Minn. 2005) (holding that defendant’s substantial rights were not violated even where the state improperly referred to his answers to “were they lying” questions in closing argument, thereby emphasizing the misimpression already made to the jury).
  • State of Minnesota v. Shane Lee Olson Minn. Ct. App. 2018
    ” ; see ABA Standards , § 3-6.8(a) (“ In closing argument to a jury, .
  • State of Minnesota v. Karyl Antone Ingalls Minn. Ct. App. 2017
    When the credibility of the witnesses is a central issue, as it was here, a reviewing court will “pay special attention to statements that may inflame or prejudice the jury.” 36 (Minn. 2005).
  • State of Minnesota v. Cristian Albert Genchi-Ramirez Minn. Ct. App. 2017
    “As a general rule, ‘were they lying’ questions have no probative value and are improper and argumentative because 6 they do nothing to assist the jury in assessing witness credibility in its fact-finding mission and in determining the ultimate issue of guilt or innocence.” State v. Pilot , d 511, 518 (Minn. 1999); see also State v. Morton , (stating that “were they lying” questions “shifted the jury’s focus by creating the impression that the jury must c onclude that these two witnesses were ly
  • State of Minnesota v. Shannon Michael Benson Minn. Ct. App. 2017
    (“On ly if the three prongs of [the plain- error test] are satisfied will we assess whether we should address the error to ensure fairness and the integrity of the judicial proceedings.”).
  • State of Minnesota v. Dalmar Hassan Dhimbil Minn. Ct. App. 2017
    “[S]uch questions are permitted when the defendant [places] the issu e of the credibility of the state’s witnesses in central focus.” (quoting Pilot, d at 517); see also State v. Leutschaft , (noting that the “central focus” test applie s when the defense expressly accuses opposing witnesses of fabrications or falsehoods).
  • State of Minnesota v. Brittany Ann Vacko Minn. Ct. App. 2017
    233, 235 (Minn. 2005) ( concluding that the state had asked “were they lying” questions by asking the defendant, “[S]o Janet Spencer wasn’t telling the truth when she was on the stand?” and “so Catherine Cox is not telling the truth?”); -18 (Minn. 1999) (noting that the state
  • State of Minnesota v. Christopher Ray Maeyaert Minn. Ct. App. 2016
  • State of Minnesota v. Christopher Ray Maeyaert Minn. Ct. App. 2016
    -35 (Minn. 2005); 4 see also Dobbins, d at 511; -60 (Minn. 2008).
  • State of Minnesota v. Ryan Leroy Smith Minn. Ct. App. 2016
  • State of Minnesota v. Ryan Leroy Smith Minn. Ct. App. 2016
  • State of Minnesota v. Fernando Ulises Vargo Quinones Minn. Ct. App. 2016
  • State of Minnesota v. Fernando Ulises Vargo Quinones Minn. Ct. App. 2016
    “When credibility is a central issue, we pay special attention to statements that may inflame or prejudice the jury.”
  • State of Minnesota v. Francisco Cleofus Mountain Minn. Ct. App. 2015
  • State of Minnesota v. Francisco Cleofus Mountain Minn. Ct. App. 2015
    Id., d at 318; 237 (Minn. 2005) (holding that “grisly” photos were relevant to show elements of first-degree and second- degree murder and admissible when medical examiner testified to cause of death and probable killing during sexual assault).
  • State of Minnesota v. Bradley James Richards Minn. Ct. App. 2015
  • State of Minnesota v. Bradley James Richards Minn. Ct. App. 2015
    (applying plain-error review when a defendant fails to request curative instructions).
  • State of Minnesota v. Amir Abd El Malak Minn. Ct. App. 2015
  • State of Minnesota v. Amir Abd El Malak Minn. Ct. App. 2015
    losing argument referred to “a difference in perception between victim and alleged perpetrator” and did not “engage in a credibility contest.” Appellant relies on State v. Morton, which concluded that the defendant did not put the witnesses’ credibility at issue because he merely “contradicted their testimony” and “did not state or insinuate that they were deliberately falsifying any of it.”
  • State of Minnesota v. Robbin Alexander McNeil Minn. Ct. App. 2015
  • State of Minnesota v. Robbin Alexander McNeil Minn. Ct. App. 2015
    “Photographs are admissible if they accurately portray anything that a witness may describe in words, or the photographs are helpful as an aid to an oral description of objects and conditions, provided they are relevant to some material issue.” State v. 6 Morton
  • State of Minnesota v. Kenny Dewayne Cooper Minn. Ct. App. 2014
  • State of Minnesota v. Kenny Dewayne Cooper Minn. Ct. App. 2014
    (holding that the use of “were they lying” questions was improper because “the state shifted the jury's focus by creating the impression that the jury must conclude that these two witnesses were lying in order to acquit Morton”).
  • State of Minnesota v. Dylan Micheal Kelley 855 N.W.2d 269 Minn. 2014