Cited by

Opinions in Minnesota that cite In Re Petition for Disciplinary Action Agianst D. Swenson, 714 N.W.2d 681.

75 citing documents.

  • 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).
  • 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.”
  • 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
  • State of Minnesota, Respondent, Minn. Ct. App. 2024
    “If any prong of the test is not met, the claim fails.”
  • State of Minnesota v. Raymont Michael Redmond Minn. Ct. App. 2024
    “If any prong of the test is not met, the claim fails.”
  • 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.”
  • State of Minnesota v. Justin James Holinka Minn. Ct. App. 2024
    “If any prong of the test is not met, the claim fails.”
  • 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
  • Toby Earl Johnson, Minn. 2023
    (“The sentence for first-degree premeditated murder is not determined using the sentencing guidelines.”).
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    errors, when taken cumulatively, had the effect of denying appellant a fair trial.” (quotation omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    errors, when taken cumulatively, had the effect of denying appellant a fair trial.” (quotation omitted)).
  • State of Minnesota, Respondent, vs. Marcel Dylan Zephier, Appellant. Minn. Ct. App. 2022
    in support of this argument.
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    State v. Jackson , (“We emphasize .
  • 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.
  • 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).
  • 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.”
  • 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).
  • 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
  • Jackson v. State 927 N.W.2d 308 Minn. 2019
    *311 State v. Jackson , , 698 (Minn. 2006).
  • 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
  • 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
  • Joseph Paul Myers, petitioner, Appellant, Minn. Ct. App. 2018
    It is “improper for a prosecutor to intentionally elicit inadmissible and highly preju dicial testimony.”
  • 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
  • State of Minnesota, Respondent, Minn. Ct. App. 2017
    see also State v. Jackson , -701 (Minn. 2006) (Hanson, J., dis senting).
  • 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).
  • 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.”
  • 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).
  • 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).
  • 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).
  • 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.”
  • 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”).
  • 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”).
  • 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.”
  • 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
  • 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
  • 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 .
  • 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.”
  • 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).
  • State of Minnesota v. Amy Andrea Horsfield Minn. Ct. App. 2015
    may be taken out of context or given undue prominence.” (quotation omitted).
  • 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
  • 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.”).
  • 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).