Cited by
Opinions in Minnesota that cite State v. Pendleton, 725 N.W.2d 717.
- State of Minnesota v. Thomas James Mitchell Minn. Ct. App. 2015
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State of Minnesota v. Thomas James Mitchell
Minn. Ct. App. 2015
“But the jury does not have to unanimously agree on the facts underlying an element of a crime in all cases,” and “unanimity is not required with respect to the alternative means or ways in which the crime can be committed,” (quotation omitted), review denied (Minn. Jan.
- State of Minnesota,Respondent v. Maceo Valdez Jackson Minn. Ct. App. 2015
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State of Minnesota,Respondent v. Maceo Valdez Jackson
Minn. Ct. App. 2015
“Jury verdicts in all criminal cases must be unanimous.” (citing Minn. R. Crim.
- State of Minnesota v. Octavius Marcus Johnson Minn. Ct. App. 2015
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State of Minnesota v. Octavius Marcus Johnson
Minn. Ct. App. 2015
“[T]he jury need not always decide unanimously which of several possible means the defendant used to commit the offense in order to conclude that an element has been proved beyond a reasonable doubt.” (“[T]he jury does not have to unanimously agree on the facts underlying an element of a crime in all cases.”); (“[U]nanimity is not required with respect to the alternative means or ways in which the crime can be committed.” (quotation omitte
- State of Minnesota v. Brian J. Machacek Minn. Ct. App. 2015
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State of Minnesota v. Brian J. Machacek
Minn. Ct. App. 2015
12 “Jury verdicts in all criminal cases must be unanimous.” (citing Minn. R. Crim.
- State of Minnesota v. Trevon Fuller Minn. Ct. App. 2015
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State of Minnesota v. Trevon Fuller
Minn. Ct. App. 2015
But “[t]he use of peremptory challenges to exclude potential jurors is subject to the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.” State v. 17 Pendleton, (citing Batson v. Kentucky, 476 U.S. 79, 89, 106 S. Ct. 1712 (1986)).
- State of Minnesota v. Abdirahman Ali Moallin Minn. Ct. App. 2014
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State of Minnesota v. Abdirahman Ali Moallin
Minn. Ct. App. 2014
-31 (Minn. 2007) (citing Minn. R. Crim.
- State of Minnesota v. Malcolm Roy Evans Minn. Ct. App. 2014
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State of Minnesota v. Malcolm Roy Evans
Minn. Ct. App. 2014
“Jury verdicts in all criminal cases must be unanimous.” (citing Minn. R. Crim.
- State of Minnesota v. Matthew Roy Horvath Minn. Ct. App. 2014
- State of Minnesota v. Matthew Roy Horvath Minn. Ct. App. 2014
- State of Minnesota v. Emmanuel Maurice Galloway Minn. Ct. App. 2014
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State of Minnesota v. Emmanuel Maurice Galloway
Minn. Ct. App. 2014
But “[t]he use of peremptory challenges to exclude potential jurors is subject to the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.” (citing Batson v. Kentucky, 476 U.S. 79, 89, 106 S. Ct. 1712 (1986)).
- State of Minnesota v. Dontrell Dyna Flowers Minn. Ct. App. 2014
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State of Minnesota v. Dontrell Dyna Flowers
Minn. Ct. App. 2014
-29 (Minn. 2007) (“The concern weighing against admission with this factor is that the jury will use the convictions as substantive evidence, in addition to impeachment evidence.”).
- State v. Ayala-Leyva 848 N.W.2d 546 Minn. Ct. App. 2014
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State v. Ayala-Leyva
848 N.W.2d 546
Minn. Ct. App. 2014
No error “Jury verdicts in all criminal cases must be unanimous.” (citing Minn. R.Crim.
- State v. Wenthe 845 N.W.2d 222 Minn. Ct. App. 2014
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State v. Wenthe
845 N.W.2d 222
Minn. Ct. App. 2014
“Jury verdicts in all criminal cases must be unanimous.” (citing Minn. R.Crim.
- State v. Diggins 836 N.W.2d 349 Minn. 2013
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State v. Diggins
836 N.W.2d 349
Minn. 2013
Specifically, the court must determine whether the defendant has shown that the peremptory challenge was “motivated by racial discrimination” and that the State’s proffered explanation was “merely a pretext for the discriminatory motive.” (citation omitted) (internal quotation marks omitted).
- State v. Seaver 820 N.W.2d 627 Minn. Ct. App. 2012
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State v. Seaver
820 N.W.2d 627
Minn. Ct. App. 2012
7(3); -26 (Minn.2007) (noting that the district court did not follow Batson precedent or procedure when it did not decide whether the opponent of the peremptory strike established a prima fa-cie case but instead allowed the proponent to respond and the opponent to rebut that response).
- State v. Irby 820 N.W.2d 30 Minn. Ct. App. 2012
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State v. Irby
820 N.W.2d 30
Minn. Ct. App. 2012
(“If credibility is a central issue in the case, the fourth and fifth Jones factors weigh in favor of admission of the prior convictions.” (quotation omitted)).
- State v. Carridine 812 N.W.2d 130 Minn. 2012
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State v. Carridine
812 N.W.2d 130
Minn. 2012
() (internal quotation marks omitted).
- State v. Infante 796 N.W.2d 349 Minn. Ct. App. 2011
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State v. Infante
796 N.W.2d 349
Minn. Ct. App. 2011
Generally, “[a] party is prohibited from assigning as error any portion of the charge or omission unless the party objects to the instructions before they are given to the jury.” (quotation omitted).
- State v. Dalbec 789 N.W.2d 508 Minn. Ct. App. 2010
- State v. Dalbec 789 N.W.2d 508 Minn. Ct. App. 2010
- State v. Rivers 787 N.W.2d 206 Minn. Ct. App. 2010
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State v. Rivers
787 N.W.2d 206
Minn. Ct. App. 2010
(stating that “[w]e give great deference to the district court’s ruling on a Batson challenge, recognizing that the record may not reflect all of the relevant circumstances that the [district] court may consider”); (stating that appellate courts give c
- State v. Matthews 779 N.W.2d 543 Minn. 2010
- State v. Matthews 779 N.W.2d 543 Minn. 2010
- State v. Martin 773 N.W.2d 89 Minn. 2009
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State v. Martin
773 N.W.2d 89
Minn. 2009
We afford great deference because “the record may not reflect all of the relevant circumstances that the court may consider.”
- State v. Campbell 772 N.W.2d 858 Minn. Ct. App. 2009
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State v. Campbell
772 N.W.2d 858
Minn. Ct. App. 2009
(stating that state’s peremptory challenge to veniremember based on possible sympathy to defendant’s case was “a permissible use of its challenges”); (upholding state’s peremptory challenge that was based on three race-neutral reasons involving “lack of e
- State v. Cruz-Ramirez 771 N.W.2d 497 Minn. 2009
- State v. Cruz-Ramirez 771 N.W.2d 497 Minn. 2009
- State v. Wren 738 N.W.2d 378 Minn. 2007
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State v. Wren
738 N.W.2d 378
Minn. 2007
We have acknowledged that the district court’s ruling on a Batson challenge is to be given “great deference” because “the record may not reflect all of the relevant circumstances that the court may consider.”
- State v. Crow 730 N.W.2d 272 Minn. 2007
- State v. Crow 730 N.W.2d 272 Minn. 2007