Cited by
Opinions in Minnesota that cite State v. Turnage, 729 N.W.2d 593.
- Danny Ortega, Jr. v. State of Minnesota 856 N.W.2d 98 Minn. 2014
- Danny Ortega, Jr. v. State of Minnesota 856 N.W.2d 98 Minn. 2014
- Lincoln Lamar Caldwell v. State of Minnesota 853 N.W.2d 766 Minn. 2014
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Lincoln Lamar Caldwell v. State of Minnesota
853 N.W.2d 766
Minn. 2014
The question instead is whether the jury might have found the defendant not guilty if the recanting witness had not testified [falsely].” (emphasis added); accord Martin, d at 744 .
- State of Minnesota v. Eulogio Hernandez-Espinoza Minn. Ct. App. 2014
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State of Minnesota v. Eulogio Hernandez-Espinoza
Minn. Ct. App. 2014
To satisfy that burden, an appellant “must do more than offer conclusory, argumentative assertions, without factual support.”
- Ferguson v. State 826 N.W.2d 808 Minn. 2013
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Ferguson v. State
826 N.W.2d 808
Minn. 2013
We also concluded, applying the second prong of Larrison , that Ferguson had alleged sufficient facts in his petition that, if proven, would show that the jury “ ‘might have found [him] not guilty if [Green] had not testified.’ ” Ferguson II, d at 561 ().
- Martin v. State 825 N.W.2d 734 Minn. 2013
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Martin v. State
825 N.W.2d 734
Minn. 2013
State v. Turnage (Turnage II)
- Dobbins v. State 788 N.W.2d 719 Minn. 2010
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Dobbins v. State
788 N.W.2d 719
Minn. 2010
Similarly, we explained in State v. Turnage that “the second Larrison prong does not ask whether the evidence was sufficient to convict the defendant in the absence of the recanted testimony.”
- Evans v. State 788 N.W.2d 38 Minn. 2010
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Evans v. State
788 N.W.2d 38
Minn. 2010
Under the second prong of Larri-son, we ask “whether the jury might have found the defendant not guilty if the recanting witness had not testified.”
- Ferguson v. State 779 N.W.2d 555 Minn. 2010
- Ferguson v. State 779 N.W.2d 555 Minn. 2010
- Doppler v. State 771 N.W.2d 867 Minn. 2009
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Doppler v. State
771 N.W.2d 867
Minn. 2009
(stating that the question under the second prong of Larrison is whether the jury might have found the defendant not guilty if the recanting witness had not testified).
- Gustafson v. State 754 N.W.2d 343 Minn. 2008
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Gustafson v. State
754 N.W.2d 343
Minn. 2008
We have said that “[t]he first two prongs [of the Larrison test] are compulsory, but the third prong is not required in order to grant a new trial.”
- State v. Ferguson 742 N.W.2d 651 Minn. 2007
- State v. Ferguson 742 N.W.2d 651 Minn. 2007
- Pippitt v. State 737 N.W.2d 221 Minn. 2007
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Pippitt v. State
737 N.W.2d 221
Minn. 2007
(discussing second prong).