Cited by
Opinions in Minnesota that cite State v. Palubicki, 700 N.W.2d 476.
- State of Minnesota v. Ryan Michael Fiecke Minn. Ct. App. 2026
- MJ aka Elissa Wall v. Warren Jeffs, Seth Jeffs, et al Minn. Ct. App. 2026
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Abdulwahid Hassan Hedo v. State of Minnesota
Minn. Ct. App. 2026
8, 2018) (noting “no Minnesota appellate caselaw has applied transferred intent to an assault-fear conviction”).6 “The decision to give a requested jury instruction lies in the discretion of the [district] court and will not be reversed absent an abuse of that discretion.”
- State of Minnesota v. Cody Lynn Duncan Minn. Ct. App. 2026
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State of Minnesota v. Sherrie Elizabeth Smetana
Minn. Ct. App. 2025
not established that “a reasonable probability exists that the outcome of the trial would have been different” without the delayed disclosure, Boldman, d at 109, the district court was within its discretion in determining that a continuance was an appropriate remedy to address any prejudice that Smetana would experience as a result of the discovery violation, 7 (“Generally, without a showing of prejudice to the defendant, the state’s violation of a discovery rule will not result in a new trial.”
- State of Minnesota v. Bruce Archie Turner Minn. Ct. App. 2025
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State of Minnesota v. Jeffrey Scott Nelson
Minn. Ct. App. 2025
“Whether a discovery violation occurred is an issue of law which this court reviews de novo.”
- State of Minnesota v. Brandon Lee Jones, Sr. Minn. Ct. App. 2025
- State of Minnesota, Respondent, vs. Ryan James Martens, Appellant Minn. 2025
- State of Minnesota, Respondent, vs. Ryan James Martens, Appellant Minn. 2025
- State of Minnesota v. Bryan Duane Arnesen Minn. Ct. App. 2025
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Isaac Alonzo Cryer v. State of Minnesota
Minn. Ct. App. 2024
If a defendant cannot establish this foundation, “the alternative perpetrator evidence is not admissible [,] and the trial court need not consider any of the alternative perpetrator evidence further.”
- State of Minnesota v. Robert Lester Caldwell, Jr. Minn. Ct. App. 2024
- State of Minnesota v. Michael Adam Davis Minn. Ct. App. 2024
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State of Minnesota v. Michael Adam Davis
Minn. Ct. App. 2024
The word “any” in this context means “every.”
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State of Minnesota v. Thomas David Fogel
Minn. Ct. App. 2024
“Whether a discovery violation occurred is an issue of law which this court reviews de novo.”
- A21-0583 State of Minnesota v. Larry Joe Foster, A21-0070, Court of Appeals Nonprecedential, ... Minn. Ct. App. 2024
- A21-0583 State of Minnesota v. Larry Joe Foster, A21-0070, Court of Appeals Nonprecedential, ... Minn. Ct. App. 2024
- State of Minnesota v. Royale Romeo Harris Minn. Ct. App. 2023
- State of Minnesota v. Royale Romeo Harris Minn. Ct. App. 2023
- State of Minnesota v. Ryan James Martens Minn. Ct. App. 2023
- State of Minnesota v. Ryan James Martens Minn. Ct. App. 2023
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State of Minnesota v. Aaron Lavell Ross
Minn. Ct. App. 2023
“Whether a discovery violation occurred is an issue of law which this court reviews de novo.”
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State of Minnesota v. Ainoi Manila
Minn. Ct. App. 2023
The supreme court has concluded that Rule 9.01 “requires the State to disclose the substance of every oral statement by a witness that relates to the case, even if the witness does not disclose new or different information from previously disclosed statements.” (d 476, 490 (Minn. 2005) ).
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State of Minnesota,
Minn. 2023
(citation omitted) (internal quotation marks omitted).
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State of Minnesota v. Lawrence Michael Johnson
Minn. Ct. App. 2023
“Whether a discovery violation occurred is an issue of law which [an appellate] court reviews de novo.”
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State of Minnesota v. Anthony Robinson
Minn. Ct. App. 2023
But “[w]hether a discovery violation occurred is an issue of law which [an appellate] court reviews de novo.”
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State of Minnesota v. Tialee Marie Grassini
Minn. Ct. App. 2022
A new trial will only be granted based on objected-to prosecutorial misconduct if the misconduct, “viewed in the light of the whole record, appears to be inexcusable and so serious and prejudicial that the defendant’s right to a fair trial was denied.” (quotation omitted).
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Kyle Lawrence Shepperson v. State of Minnesota
Minn. Ct. App. 2022
But “[w]hether a discovery violation occurred is an issue of law which this court reviews de novo.”
- State of Minnesota v. Shawn Elson Randall Minn. Ct. App. 2021
- State of Minnesota v. Lisa Beth Ellenberg Minn. Ct. App. 2021
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State of Minnesota v. Paul Jonathon Lindahl
Minn. Ct. App. 2021
See, -91 (Minn. 2009) (considering time and place of murder for foundation of alternative-perpetrator evidence); (determining no inherent tendency connected third party to charged crime because proposed evidence did not show third party was at or near the crime scene when it occurred).
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State of Minnesota v. Allison Ann Mastin
Minn. Ct. App. 2021
“Generally, without a showing of prejudice to the defendant, the state’s violation of a discovery rule will not result in a new trial.”
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State of Minnesota v. Cedric Antonio English
Minn. Ct. App. 2021
-91 (Minn. 20 05) (indicating that a defendant must demonstrate that an alleged discovery violation resulted in prejudice to prevail on appeal).
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State of Minnesota v. Juan Silva
Minn. Ct. App. 2020
(citing State v. Bailey, 8 ).
- State of Minnesota v. John Joseph Robinson Minn. Ct. App. 2020
- State of Minnesota v. Sedale Raymond Roloff Minn. Ct. App. 2020
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Minn. 2020
d 476, 485 (Minn. 2005) (“If the defendant fails to lay a proper foundation, the alternative- perpetrator evidence is not admissible and the trial court need not consider any of the alternative perpetrator evidence further.”).
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State of Minnesota v. John Ray Williams
Minn. Ct. App. 2020
y was not corroborated, and, under Minn. Stat. § 634.04 (2018), “[a] conviction cannot be had upon the testimony of an accom plice, unless it is corroborated by such other evidence as tends to convict the defendant of the commission of the offense.” But an accomplice is a person who “could have been indicted and convicted for the crime with which the accused is charged.”
- State of Minnesota v. Richard Danell Dunston Minn. Ct. App. 2019
- State of Minnesota v. Biyalfew Fekado Meta Minn. Ct. App. 2019
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State of Minnesota v. Mario Pedro Moreno
Minn. Ct. App. 2019
“Whether a discovery violation occurred is an issue of law which [we] review[] de novo.”
- State of Minnesota v. Blanyon Toe Davies Minn. Ct. App. 2019
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State of Minnesota v. Gregorio Zuniga-Vallejo
Minn. Ct. App. 2019
The district court considered the two distinct marital -privileges: “(1) the privilege to prevent a spouse from testifying against the other during the marriage; and (2) the privilege to prevent a spouse from t estifying at any time concerning confidential interspousal communications made during the marriage.”
- State of Minnesota v. Timothy James Niedermayer Minn. Ct. App. 2019
- State of Minnesota v. Jeremy Shane Zimmermann Minn. Ct. App. 2019
- State of Minnesota v. Darsche Chaudaun Wharry Minn. Ct. App. 2019
- State of Minnesota v. Tavean Greggory McRelly Minn. Ct. App. 2019
- State of Minnesota v. Duane Griffin Gauna Minn. Ct. App. 2018
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State of Minnesota v. Marshall Andrew Reed
Minn. Ct. App. 2018
Declining to give “a requested j ury instruction lies in the discretion of the trial court and will not be reversed absent an abuse of that discretion.” d 476, 487 (Minn. 2005).