Cited by
Opinions in Minnesota that cite State v. Ramey, 721 N.W.2d 294.
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In the Matter of Katie Ann Pyka On Behalf Of Minor Children, Respondent,
Minn. Ct. App. 2023
(explaining, in a criminal trial context, that the contemporaneous-objection requirement encourages trial participants to seek a fair and accurate trial the first time around).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
We review claims of unobjected-to prosecutorial misconduct under a modified plain -error standard, considering whether there is “(1) error, (2) that is plain, and (3) affects substantial rights.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
d 294, 302 (Minn. 2006).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
An error is plain if it “contravenes case law, a rule, or a standard of conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
State v. Ramey , -300 (Minn. 2006).
- State of Minnesota, Respondent Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
An error is plain if it 6 “contravenes case law, a rule, or a standard of conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[U]nobjected-to prosecutorial misconduct can be reviewed only if it constitutes plain error affecting substantial rights.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Ordinarily, [a party’s] failure to object to an error at trial forfeits appellate review.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(stating when defendant fails to object at trial, they generally forfeit consideration of prosecutorial misconduct on appeal, but reviewing court can still address the misconduct under the plain-error doctrine).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Claims of unobjected- to prosecutorial misconduct are reviewed pursuant to a modified-plain-error standard which first requires the defendant to demonstrate “that the prosecutor’s conduct constitutes an error that is plain,” and then the burden shifts “to the state to demonstrate lack of prejudice.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
An error is plain if it is “clear” or “obvious,” which is typically established “if the error contravenes case law, a rule, or a standard of conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We review such claims under a modified plain-error standard, considering whether there is “(1) error, (2) that is plain, and (3) affects substantial rights.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“An error is plain if it is ‘clear’ or ‘obvious,’ which is typically established ‘if the error contravenes case law, a rule, or a standard of conduct.’” d 782, 787 (Minn. 2017) ().
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
8 (Minn. 2016); (extending the plain-error doctrine to unobjected -to claims of prosecutorial misconduct).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(“On appeal, an unobjected-to error can be reviewed only if it constitutes plain error affecting substantial rights.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“An error is plain if it was clear or obvious,” such as if “the error contravenes case law, a rule, or a standard of conduct.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Claims of unobjected- to prosecutorial misconduct are reviewed pursuant to a modified-plain-error standard which first requires the defendant to demonstrate “that the prosecutor’s conduct constitutes an error that is plain,” then the burden shifts to the state “to demonstrate lack of prejudice.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
d 294, 302 (Minn. 2006).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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Eligio Rodriguez Cerrito, petitioner, Appellant,
Minn. Ct. App. 2022
Under this test, the defendant must first demonstrate “that the prosecutor’s conduct constitutes an error that is plain .” State v. Ramey , d 294, 302 (Minn. 2006) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Claims of unobjected-to prosecutorial misconduct are revi ewed pursuant to a modified-plain-error standard which first requi res the defendant to demonstrate “that the prosecutor’s conduct constitutes an error that is plain,” then the burde n shifts to the state “to demonstrate lack of prejudice.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Assuming without deciding that the first two factors have been met, (an error is plain when it “contravenes case la w, a rule, or a standard of conduct”), we conclude that the third factor has not been sa tisfied for two reasons.
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Though the Caron test has been called into question, d 294, 302 (Minn. 2006), if the alleged prosecutorial misconduct was harmless beyond a reasonable doubt, then there is no need to address the standard for less serious misconduct.