Cited by
Opinions in Minnesota that cite In Re Petition for Disciplinary Action Agianst D. Swenson, 714 N.W.2d 681.
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Edward Lee Jones v. State of Minnesota
Minn. Ct. App. 2025
In other words, if an appellant establishes that a district court committed two or more procedural errors, none of which individually requires a new trial, the appellant nonetheless may be “entitled to a new trial if the errors, when taken cumulatively, had the effect of denying appellant a fair trial.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In State v. Jackson , the supreme court determined that expert testimony about general aspects of gang culture, such as the role of respect, was admissible “[b]ecause jurors are unlikely to be familiar with gang culture” and such testimony can be “helpful to establish the ‘for the benefit of a gang’ element and to explain the state’s theory of motive.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“If any prong of the test is not met, the claim fails.”
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“If any prong of the test is not met, the claim fails.”
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State of Minnesota v. Raymont Michael Redmond
Minn. Ct. App. 2024
“If any prong of the test is not met, the claim fails.”
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State of Minnesota v. Ezra Atera Bogonko
6 N.W.3d 481
Minn. Ct. App. 2024
“If any prong of the test is not met, the claim [of error] fails.”
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State of Minnesota v. Justin James Holinka
Minn. Ct. App. 2024
“If any prong of the test is not met, the claim fails.”
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State of Minnesota v. Christian Portillo, A21-1621, Supreme Court, December 13, 2023
Minn. 2023
(“Because neither this court nor the federal courts have conclusively resolved this issue, we cannot say that the prosecutor ‘contravene[d] case law, a rule, or a standard of conduct.’ ” (quoting Ramey, d at 302)); (explaining that to satisfy the second prong of the plain-error test, “the error must be plain at the time of the appeal”); see also United States v. Whab, 355 F.3d 155, 158 (2d Cir. 2004) (“Certainly, an error cannot be deemed ‘plain,’ in the absence of binding precedent, where there
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Toby Earl Johnson,
Minn. 2023
(“The sentence for first-degree premeditated murder is not determined using the sentencing guidelines.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
errors, when taken cumulatively, had the effect of denying appellant a fair trial.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
errors, when taken cumulatively, had the effect of denying appellant a fair trial.” (quotation omitted)).
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State of Minnesota, Respondent, vs. Marcel Dylan Zephier, Appellant.
Minn. Ct. App. 2022
in support of this argument.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
State v. Jackson , (“We emphasize .
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Even so, appellate courts have “discretion to consider an error not objected to at trial if it is plain error affecting substantial rights.” see also Minn. R. Crim.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
In ot her words, if an appellant establishes that a district court committed tw o or more procedural errors, none of which individually requires a new trial, the appe llant nonetheless may be entitled to a new trial “if the errors, when taken cumulatively, had the effect of denying appellant a fair trial.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
fits within those limits because “the state may argue that certain witnesses were or were not credible.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Appellant argues that these instructions are erroneous because they did not require the jury to find that appellant used force to overcome resistance to “the taking or carrying away of” A.W.’s car.3 “An error is plain if it is clear or obvious.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Nor may a prosecutor “appea l to the passions and prejudices of the jury or otherwise seek to distract the jury from its proper role of deciding whether the state has met its burden of proof.” State v. Jackson
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Jackson v. State
927 N.W.2d 308
Minn. 2019
*311 State v. Jackson , , 698 (Minn. 2006).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Minnesota appellate courts have upheld the admissio n of expert testimony in circumstances similar to here .
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
tor committed misconduct by offering inadmissible evidence “has imposed on himself a higher threshold than plain error,” which would apply to a claim that the district court erred by failing to exclude unobjected-to evidence, and “must also show that the state had no good-faith basis to argue for admissibility and elicited the testimony knowing that it was inadmissible.” (Hanson, J., concurring).
- 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 v. Taylor 910 N.W.2d 60 Minn. Ct. App. 2018
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Joseph Paul Myers, petitioner, Appellant,
Minn. Ct. App. 2018
It is “improper for a prosecutor to intentionally elicit inadmissible and highly preju dicial testimony.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(noting that this court should “consider the closing argument as a whole rather than focus on particular phrases or remarks that may be taken out of context or given undue prominence” (quotations omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
see also State v. Jackson , -701 (Minn. 2006) (Hanson, J., dis senting).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
When examining alleged prosecutorial misconduct in the context of a closing argument , we “consider the closing argument as a whole rather than focus on particular phrases or remarks.” d 681, 694 (Minn. 2006) (quotations omitted).
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State of Minnesota v. Adam John Lilienthal
889 N.W.2d 780
Minn. 2017
Moreover, “the error must be plain at the time of the appeal.”
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State of Minnesota v. Ashley Ann Johnson
Minn. Ct. App. 2016
When determining whether a prosecutor committed misconduct during a closing argument, appellate courts “consider the closing argument as a whole rather than focus[ing] on particular phrases or remarks.” (quotation omitted).
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State of Minnesota v. Demetreus Anthony McGinnis
Minn. Ct. App. 2016
When determining whether a prosecutor committed misconduct during a closing argument, this court “consider[s] the closing argument as a whole rather than focus[ing] on particular phrases or remarks.” (quotations omitted).
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State of Minnesota v. Maxwell Robert Flynn
Minn. Ct. App. 2016
In analyzing whether a prosecutor committed misconduct during closing argument, this court considers “the closing argument as a whole rather than focus[ing] on particular phrases or remarks that may be taken out of context or given undue prominence.” (quotations omitted).
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State of Minnesota v. Mark Allan Misgen
Minn. Ct. App. 2016
“If any prong of the [plain-error] test is not met, the claim fails.”
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State of Minnesota v. Michael Marshall Johnson, a/k/a Michael Tate
Minn. Ct. App. 2016
(quotations omitted) (noting that this court should consider “the closing argument as a whole rather than focus on 7 particular phrases or remarks that may be taken out of context or given undue prominence”).
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State of Minnesota v. Paul Andrew Skog
Minn. Ct. App. 2015
(noting that this court should consider “the closing argument as a whole rather than focus on particular phrases or remarks that may be taken out of context or given undue prominence”).
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State of Minnesota v. Kemen Lavatos Taylor, II
869 N.W.2d 1
Minn. 2015
We have “never categorically prohibited the use of gang expert testimony.”
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State of Minnesota v. Daron A-Saad Johnson
Minn. Ct. App. 2015
(recognizing that evidence about a defendant’s involvement in a gang, including expert testimony about gang culture and a particular gang, was admissible because it “had significant probative value” to an essential element of the crime under section 609.229, and that exclusion of such evidence wo
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State of Minnesota v. Wilfred Carl Hudson
Minn. Ct. App. 2015
(“If any prong of the [plain-error] test is not met, the claim fails.”).
- State of Minnesota v. Kunta Kinta Viverette Minn. Ct. App. 2015
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State of Minnesota v. James Michael Soderbeck
Minn. Ct. App. 2015
d 681, 698 (Minn. 2006) (“An appellant is entitled to a new trial if .
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State of Minnesota v. Erick Robert Gordon
Minn. Ct. App. 2015
Inadmissible Other-Crimes Testimony “It is improper for a prosecutor to intentionally elicit inadmissible and highly prejudicial testimony.”
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State of Minnesota v. Bradley James Richards
Minn. Ct. App. 2015
Prosecutorial misconduct When determining whether prosecutorial misconduct occurred during a closing argument, we “consider the closing argument as a whole rather than focus[ing] on particular phrases or remarks that may be taken out of context or given undue prominence.” (quotations omitted).
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State of Minnesota v. Amy Andrea Horsfield
Minn. Ct. App. 2015
may be taken out of context or given undue prominence.” (quotation omitted).
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State of Minnesota v. George Matthews
Minn. Ct. App. 2015
(“A prosecutor may not personally endorse the credibility of a witness or impliedly guarantee a witness’s truthfulness.”); (holding that the statement “[T]he state believes [the witness] is very believable” constituted impermissible vouching); bu
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State of Minnesota v. Amir Abd El Malak
Minn. Ct. App. 2015
(“If any prong of the [plain-error] test is not met, the claim fails.”).
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State of Minnesota v. Thomas Ardell Gentry
Minn. Ct. App. 2015
When determining whether there was prosecutorial misconduct during a closing argument, we consider “the closing argument as a whole rather than focus[ing] on particular phrases or remarks that may be taken out of context or given undue prominence.” d 681, 694 (Minn. 2006) (quotations omitted).