Cited by
Opinions in Minnesota that cite State v. Dahlin, 753 N.W.2d 300.
- Ryan Timothy Kellen, petitioner, Appellant, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
The purpose of the rule is to give the parties “one automatic right to remove a judge before that judge presides over a proceeding involving a substantive issue in the matter.”
- State of Minnesota v. Jeremiah Quan Turner Minn. 2026
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State of Minnesota v. Jeremiah Quan Turner
Minn. 2026
P. 5 cmt; (noting that while the commentary to the Rules of Criminal Procedure does not bind this court, it provides guidance which courts may follow).
- In the Matter of the Welfare of the Children of: L.K., Parent Minn. 2026
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In the Matter of the Welfare of the Children of: L.K., Parent
Minn. 2026
(explaining that “[t]he law of the case doctrine does not generally bar a higher court from reviewing an earlier decision of a lower court”), vacated on other grounds, 544 U.S. 1012 (2005); n.7 (Minn. 2008) (“We are not generally barred ‘from reviewing an earlier decision of a lower court’ ” by the law-of-the-case doctrine.
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In Re the Appeal from the Findings and Order Redetermining Benefits of Otter Tail County Ditch No. 52.
Minn. Ct. App. 2024
When “the language is plain and unambiguous, that plain language must be followed.”
- State of Minnesota v. David Powers Minn. Ct. App. 2024
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State of Minnesota v. David Powers
Minn. Ct. App. 2024
When “the language is plain and unambiguous, that plain language must be followed.”
- In the Matter of the Welfare of: D.J.F.-D., Child Minn. 2024
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In the Matter of the Welfare of: D.J.F.-D., Child
Minn. 2024
A rule is ambiguous if it is “subject to more than one reasonable interpretation.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
d 300, 303 (Minn. 2008).
- State of Minnesota v. Mitchel Jerome Kasper Minn. Ct. App. 2023
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State of Minnesota v. Mitchel Jerome Kasper
Minn. Ct. App. 2023
The purpose of peremptory removal “is to give the parties one automatic right to remove a judge before that judge presides over a proceeding involving a substantive issue in the matter.”
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In the Matter of the Welfare of: D. J. F.-D., Child.
Minn. Ct. App. 2023
Walsh v. U.S. Bank, N.A., (d 300, 305-06 (Minn. 2008)).
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Morex Properties, LLC, Appellant,
Minn. Ct. App. 2023
13, 1985) ; d 300, 303-04 (Minn. 2008) (a party waives the right to challenge a decision on a peremptory- 6 We observe that the doctrine is discretionary and there ha s been at least one example in which our court reexamine d “an issue that was brought before the special term panel.” Banque Internationale Luxembourg v. Dacotah Cos
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Followed
State of Minnesota, Respondent,
Minn. Ct. App. 2023
When interpreting court rules, “we look first to the plain language of the rule and its purpose.”
- A19-1560 Minn. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
5 courts] look first to the plain language of the rule and its purpose.’” See State v. Lee , ().
- State v. Lee 929 N.W.2d 432 Minn. 2019
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State v. Lee
929 N.W.2d 432
Minn. 2019
State v. Dahlin , , 305 n.7 (Minn. 2008).
- OCC, LLC v. Cnty. of Hennepin (In re OCC, LLC) 917 N.W.2d 86 Minn. 2018
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OCC, LLC v. Cnty. of Hennepin (In re OCC, LLC)
917 N.W.2d 86
Minn. 2018
State v. Dahlin , , 308 (Minn. 2008) (emphasis added).
- State v. Petersen 910 N.W.2d 1 Minn. 2018
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Followed
State v. Petersen
910 N.W.2d 1
Minn. 2018
State v. Dahlin , , 305 (Minn. 2008).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
interpreted in light of the surrounding sections to avoid conflicting interpretations.’” d 380, 384 (Minn. App. 2017) ( (quotation omitted)).
- In re the Marriage of: David Scott Pederson, petitioner, Respondent, Minn. Ct. App. 2017
- Klapmeier v. Cirrus Industries, Inc. 900 N.W.2d 386 Minn. 2017
- Klapmeier v. Cirrus Industries, Inc. 900 N.W.2d 386 Minn. 2017
- Minn. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
-06 (Minn. 2008) (alteration in original) (quotations and citations omitted).
- State v. Willis 898 N.W.2d 642 Minn. 2017
- State v. Willis 898 N.W.2d 642 Minn. 2017
- State v. Fraga 898 N.W.2d 263 Minn. 2017
- State v. Fraga 898 N.W.2d 263 Minn. 2017
- Marriage of Anderson v. Anderson 897 N.W.2d 828 Minn. Ct. App. 2017
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Marriage of Anderson v. Anderson
897 N.W.2d 828
Minn. Ct. App. 2017
744 n.1 (Minn. 1994) (citations omitted); , 305 n.7 (Minn. 2008) (“The law-of-the-case doctrine is a rule of practice that once an issue is considered and adjudicated, that issue should not be reexamined in that court or any lower court throughout the case.” (quotation *832 omitted)); (noting that the
- Leiendecker v. Asian Women United of Minnesota 895 N.W.2d 623 Minn. 2017
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Leiendecker v. Asian Women United of Minnesota
895 N.W.2d 623
Minn. 2017
(reviewing de novo whether a party’s decision not to petition for review on the legal issue addressed in an earlier writ proceeding waived appellate review of that issue in a subsequent appeal).
- State v. Carpenter 893 N.W.2d 380 Minn. Ct. App. 2017
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State v. Carpenter
893 N.W.2d 380
Minn. Ct. App. 2017
interpreted in light of the surrounding sections to avoid conflicting interpretations.” (quotation omitted); see Olson, d at 398 (holding that the plain language of the Minnesota Rules of Criminal Procedure must be read in context, as a whole).
- Anita J. Howard v. Shelly R. Svoboda, M.D. 890 N.W.2d 111 Minn. 2017
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Anita J. Howard v. Shelly R. Svoboda, M.D.
890 N.W.2d 111
Minn. 2017
-04 (Minn. 2008) (stating that “denial of a writ of prohibition by the court of appeals is subject to review by this court through petition for review.
- State of Minnesota v. David William Reynolds Minn. Ct. App. 2017
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State of Minnesota v. David William Reynolds
Minn. Ct. App. 2017
“[A] defendant’s failure to seek a writ of prohibition constitutes a waiver of further appellate review ‘when the issue involves the right of peremptory removal.’” n.4 (Minn. 2013) (emphasis omitted) (-05 (Minn. 2008)).
- In re: The Power of Attorney Granted by Virginia G. Taraldson dated August 23, 2007 to Kathleen P. … Minn. Ct. App. 2016
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In re: The Power of Attorney Granted by Virginia G. Taraldson dated August 23, 2007 to Kathleen P. …
Minn. Ct. App. 2016
After that, removal can only be for cause shown.” (discussing removal under rule 63.03).
- Jedidiah Dean Troxel v. State of Minnesota 875 N.W.2d 302 Minn. 2016