Cited by
Opinions in Minnesota that cite State v. McArthur, 730 N.W.2d 44.
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State of Minnesota v. Paris Treall Haines
Minn. Ct. App. 2015
Evidence of fear should not be admitted “to create an inference that a defendant is a bad person who is likely to commit a violent crime.”
- State of Minnesota v. Shelby Ivan Charles Minn. Ct. App. 2014
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State of Minnesota v. Shelby Ivan Charles
Minn. Ct. App. 2014
“Due process requires that defendants be afforded meaningful opportunity to present a complete defense.”
- State of Minnesota v. Kenny Dewayne Cooper Minn. Ct. App. 2014
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State of Minnesota v. Kenny Dewayne Cooper
Minn. Ct. App. 2014
“Bias, which may be induced by self-interest or by fear of testifying for any reason, is almost always relevant because it is probative of witness credibility.”
- State of Minnesota v. Michael Arthur Boelz Minn. Ct. App. 2014
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State of Minnesota v. Michael Arthur Boelz
Minn. Ct. App. 2014
Finally, appellant argues that the prosecutor argued facts not in evidence when he stated during closing argument that “the children have told you the defendant threatened them, threatened to kill their mother, threatened to hurt their family.” “[A] prosecutor should not refer to facts not in evidence.”
- State v. Fairbanks 842 N.W.2d 297 Minn. 2014
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State v. Fairbanks
842 N.W.2d 297
Minn. 2014
When the sufficiency of evidence is challenged, we review the evidence “to determine whether, given the *307 facts in the record and the legitimate inferences that can be drawn from those facts, a jury could reasonably conclude that the defendant was guilty of the offense charged.” (citation omitted) (internal quotation marks omitted).
- State v. Hayes 831 N.W.2d 546 Minn. 2013
- State v. Munt 831 N.W.2d 569 Minn. 2013
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State v. Hayes
831 N.W.2d 546
Minn. 2013
(citation omitted) (internal quotation marks omitted).
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State v. Munt
831 N.W.2d 569
Minn. 2013
passage of time between infliction of wounds, and a defendant’s concern with escape rather than with rendering aid to the victim.”
- Hawes v. State 826 N.W.2d 775 Minn. 2013
- State v. Hayes 826 N.W.2d 799 Minn. 2013
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Hawes v. State
826 N.W.2d 775
Minn. 2013
(noting that “a defendant’s concern with escape rather than with rendering aid to the victim” is relevant to the nature of the killing and is probative of premeditation).
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State v. Hayes
826 N.W.2d 799
Minn. 2013
“Evidence of witnesses’ fears of testifying and of purported threats against witnesses both tend to be relevant to general witness credibility or to explain a witness’s reluctance to testify or inconsistencies in a witness’s story.”
- State v. Scruggs 822 N.W.2d 631 Minn. 2012
- State v. Scruggs 822 N.W.2d 631 Minn. 2012
- State v. Davis 820 N.W.2d 525 Minn. 2012
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State v. Davis
820 N.W.2d 525
Minn. 2012
We have noted that courts “should be concerned that the evidence of fear is not used to create an inference that a defendant is a bad person who is likely to commit a violent crime.”
- 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
applies in the case of Rule 609 impeachment evidence”); (“[0]rdinarily it is not plain error for the trial court to fail to sua sponte give a[] [cautionary] instruction.” (quotation omitted)).
- State v. Hurd 819 N.W.2d 591 Minn. 2012
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State v. Hurd
819 N.W.2d 591
Minn. 2012
(explaining that evidence of premeditation includes “a defendant’s concern with escape rather than with rendering aid to the victim”); Moua, d at 42 (finding that “[t]he fact that appellant was more concerned with escape than with helping the victim, and that appellant appeared to have a plan
- State v. Ortega 813 N.W.2d 86 Minn. 2012
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State v. Ortega
813 N.W.2d 86
Minn. 2012
passage of time between infliction of wounds, and a defendant’s concern with escape rather than with rendering aid to the victim.” (citation omitted).
- State v. Palmer 803 N.W.2d 727 Minn. 2011
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State v. Palmer
803 N.W.2d 727
Minn. 2011
In other words, the evidence “must point unerringly to the accused’s guilt.” (citation omitted) (internal quotation marks omitted).
- State v. Hill 801 N.W.2d 646 Minn. 2011
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State v. Hill
801 N.W.2d 646
Minn. 2011
(stating that premeditation may be evidenced by “a defendant’s concern with escape rather than with rendering aid to the victim”).
- State v. Hull 788 N.W.2d 91 Minn. 2010
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State v. Hull
788 N.W.2d 91
Minn. 2010
See, (stating the standard for sufficiency of the evidence challenges to circumstantial evidence eases.)
- State v. Andersen 784 N.W.2d 320 Minn. 2010
- State v. Raleigh 778 N.W.2d 90 Minn. 2010
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State v. Raleigh
778 N.W.2d 90
Minn. 2010
To prove premeditation, the facts must establish “ ‘that some appreciable period of time passed after the defendant formed the intent to kill, during which the statutorily required consideration, planning, preparation, or determination took place.’ ” ().
- State v. Stein 776 N.W.2d 709 Minn. 2010
- State v. Bauer 776 N.W.2d 462 Minn. Ct. App. 2009
- State v. Bauer 776 N.W.2d 462 Minn. Ct. App. 2009
- State v. Yang 774 N.W.2d 539 Minn. 2009
- State v. Vang 774 N.W.2d 566 Minn. 2009
- State v. Vang 774 N.W.2d 566 Minn. 2009
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State v. Yang
774 N.W.2d 539
Minn. 2009
“But, when a conviction is based solely on circumstantial evidence, that evidence must be ‘consistent with the hypothesis that the accused is guilty and inconsistent with any other rational hypothesis except that of guilt.’ ” ().
- State v. Jackson 773 N.W.2d 111 Minn. 2009
- State v. Martin 773 N.W.2d 89 Minn. 2009
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State v. Jackson
773 N.W.2d 111
Minn. 2009
See, -52 (Minn.2007) (holding that it is permissible for prosecutors to elicit information about fear or threats in order to explain a witness’s reluctance to testify).
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State v. Martin
773 N.W.2d 89
Minn. 2009
See, -52 (Minn.2007) (holding that it is permissible for prosecutors to elicit information about fear or threats in order to explain a witness’s reluctance to testify).
- State v. Cruz-Ramirez 771 N.W.2d 497 Minn. 2009
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State v. Cruz-Ramirez
771 N.W.2d 497
Minn. 2009
-50 (Minn.2007); -07 (Minn.2006) (concluding that “the nature of the killing [evidence was] significant” where the defendant (1) fired multiple shots; (2) shot the victim in the head at close range; and (3) fled the scene following the shooting).
- State v. Crane 766 N.W.2d 68 Minn. Ct. App. 2009