Cited by
Opinions in Minnesota that cite State v. Knoll, 739 N.W.2d 919.
- State of Minnesota v. Faith Annette Jenson Minn. Ct. App. 2016
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State of Minnesota v. Faith Annette Jenson
Minn. Ct. App. 2016
15 -22 (Minn. App. 2007) () (stating that rule 26.01, subdivision 4, provides procedure for what are known as “Lothenbach trials”).
- State of Minnesota v. John Everette Pierce Minn. Ct. App. 2015
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State of Minnesota v. John Everette Pierce
Minn. Ct. App. 2015
4, in absence of represented defendant’s valid waiver of right to require favorable witnesses to testify for defense, without discussing prejudicial impact of faulty waiver); –22 (Minn. App. 2007) (reversing conviction that resulted from Lothenbach proceeding, in absence of represented defendant’s valid waiver of rights to testify, confront witnesses against him, and subpoena favorable witnesses, without discussing prejudicial impact of faulty waiver); d
- State of Minnesota v. Timothy John Lopp Minn. Ct. App. 2015
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State of Minnesota v. Timothy John Lopp
Minn. Ct. App. 2015
5 (Minn. App. 2007) (explaining that procedure set forth in Minn. R. Crim.
- State of Minnesota v. Marlon Terrell Pratt Minn. Ct. App. 2015
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State of Minnesota v. Marlon Terrell Pratt
Minn. Ct. App. 2015
Pratt’s waiver of trial rights Pratt next appears to argue that his waiver of trial rights under rule 26.01, subdivision 3, was inadequate.3 “When a defendant waives a jury trial or agrees to a trial on stipulated facts, the Minnesota Rules of Criminal Procedure require that the defendant make an express waiver of specified trial rights.” (citing Minn. R. Crim.
- State of Minnesota v. Joshua Lee Myhre Minn. Ct. App. 2015
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State of Minnesota v. Joshua Lee Myhre
Minn. Ct. App. 2015
d remanding for either compliance with the waiver requirement or any other proceeding consistent with the rules of criminal procedure); (holding that a party who argues successfully on appeal that his right to a jury trial was not waived may not obtain appellate review of a pretrial suppression ruling under Lothenbach); (holding that, under the Lothenbach procedure, a defendant must expressly waive all the Minn. R. Crim.
- State of Minnesota v. Michael James Berry Minn. Ct. App. 2015
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State of Minnesota v. Michael James Berry
Minn. Ct. App. 2015
“This procedure allows a defendant to appeal a pretrial issue when the material facts are not disputed.”
- State of Minnesota v. Yee Leng Vue Minn. Ct. App. 2015
- State of Minnesota v. Yee Leng Vue Minn. Ct. App. 2015
- State of Minnesota v. Michael Douglas Metsala Minn. Ct. App. 2014
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State of Minnesota v. Michael Douglas Metsala
Minn. Ct. App. 2014
“When a defendant waives a jury trial or agrees to a trial on stipulated facts, the Minnesota Rules of Criminal Procedure require that the defendant make an express waiver of specified trial rights.” (citing Minn. R. Crim.
- State v. Fluker 781 N.W.2d 397 Minn. Ct. App. 2010
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State v. Fluker
781 N.W.2d 397
Minn. Ct. App. 2010
a new trial is necessary.”); (holding that a defendant who agrees to a Lothenbach trial under rule 26.01, subdivision 4, must expressly waive the fundamental rights listed in subdivision 3, and failure to do so requires reversal).
- State v. Kuhlmann 780 N.W.2d 401 Minn. Ct. App. 2010
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State v. Kuhlmann
780 N.W.2d 401
Minn. Ct. App. 2010
2009); Halseth, d at 787 ; review denied (Minn. June 18, 2004); Sandmoen, d at 423 .
- State v. Antrim 764 N.W.2d 67 Minn. Ct. App. 2009
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State v. Antrim
764 N.W.2d 67
Minn. Ct. App. 2009
-22 (Minn.App.2007) (reversing and remanding a conviction where record did not reflect waiver of rights as required by Minn. R.Crim.
- State v. Ehmke 752 N.W.2d 117 Minn. Ct. App. 2008
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State v. Ehmke
752 N.W.2d 117
Minn. Ct. App. 2008
2 -22 (Minn.App.2007) (determining that reversal is required when record of Lothenbach procedure fails to include specific waiver *123 by defendant of rights to testify at trial, to confront witnesses against him, and to subpoena favorable witnesses).
- State v. Rasmussen 749 N.W.2d 423 Minn. Ct. App. 2008
- State v. Rasmussen 749 N.W.2d 423 Minn. Ct. App. 2008