Cited by
Opinions in Minnesota that cite State v. Davis, 735 N.W.2d 674.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
When deciding whether an alleged plain error affected a defendant’s substantial rights, “we consider the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.”
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State of Minnesota v. Adam Taylor Fravel
Minn. 2026
An error affects a defendant’s substantial rights “if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” –82 (Minn. 2007).
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota v. Mark John Jenni Minn. Ct. App. 2026
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State of Minnesota v. Mark John Jenni
Minn. Ct. App. 2026
To assess the impact of the misconduct on the jury’s verdict, we “consider the strength of the evidence against the [appellant], the pervasiveness of the improper suggestions, and whether the [appellant] had an opportunity to (or made efforts to) rebut the improper suggestions.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
see also State v. Leutschaft , 6, 426 (Minn. App. 2009) (holding that a prosecutor’s unsubstantiated suggestion that the defendant tailored his trial testimony violates the defendant’s confrontation and due - process rights, but questions about tailoring may be proper if the
- Edward Lee Jones v. State of Minnesota Minn. Ct. App. 2025
- Edward Lee Jones v. State of Minnesota Minn. Ct. App. 2025
- State of Minnesota v. Kelci Marie Meyers Minn. Ct. App. 2025
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State of Minnesota v. Kelci Marie Meyers
Minn. Ct. App. 2025
Prosecutorial misconduct affects a defendant’s substantial rights “if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” -82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“If the state fails to demonstrate that substantial rights were not affected, the appellate court then assesses 19 whether it should address the error to ensure fairness and the integrity of the judicial proceedings.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Prosecutorial misconduct affects a defendant’s substantial rights “if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” - 82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“Prosecutorial misconduct affects substantial rights if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” -82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
8 To determine whether the state has met its burden, appellate courts consider “the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.” -82 (Minn. 2007) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Prosecutorial misconduct affects a defendant’s substantial rights “if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” -82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“Prosecutorial misconduct affects substantial rights if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” -82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Whether the state met its burden depends on “the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.” -82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“Prosecutorial misconduct affects substantial rights if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” -82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
12 opportunity to rebut any improper remarks.” -06 (Minn. 2016) ().
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Deandre Dontae Turner Minn. Ct. App. 2024
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State of Minnesota v. Deandre Dontae Turner
Minn. Ct. App. 2024
Prosecutorial misconduct affects a defendant’s substantial rights “if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” -82 (Minn. 2007).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“Prosecutorial misconduct affe cts substantial rights if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” –82 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
To determine whether there is a reasonable likelihood that the prosecutor ’s error had a significant effect on the verdict, we “consider the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Prosecutorial misconduct affects a defendant’s substantial rights “if there is a reasonable likelihood that the absence of misconduct would have had a significant effect on the jury’s verdict.” - 82 (Minn. 2007).
- State of Minnesota v. Ronnie Price Minn. Ct. App. 2024
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State of Minnesota v. Ronnie Price
Minn. Ct. App. 2024
In making that determination, we consider several factors such as “the strength of the evidence” against Price, “the pervasiveness of the improper suggestions,” and whether Price “had an opportunity to (or made efforts to) rebut the improper suggestions.”
- State of Minnesota v. Peter Joseph Nayquonabe Minn. Ct. App. 2024
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State of Minnesota v. Peter Joseph Nayquonabe
Minn. Ct. App. 2024
If both parties meet their burden, we consider reversing if addressing the error is necessary “to ensure fairness and the integrity of the judicial proceedings.” (quotation omitted).
- State of Minnesota v. Marcus Allen Reynolds Minn. Ct. App. 2024
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State of Minnesota v. Marcus Allen Reynolds
Minn. Ct. App. 2024
5 (addressing plain-error review of prosecutorial misconduct and explaining that, “[i]n assessing whether there is a reasonable likelihood that the absence of the misconduct would have had a significant effect on the jury’s verdict, we consider the strength of the evidence against the defendant, the pe
- State of Minnesota v. Reginald Scott Hubbard Minn. Ct. App. 2024
- State of Minnesota v. Reginald Scott Hubbard Minn. Ct. App. 2024
- State of Minnesota v. Elsa E. Segura Minn. 2024
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State of Minnesota v. Elsa E. Segura
Minn. 2024
These factors include “the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.”
- State of Minnesota v. Dahir Abdow Noor Minn. Ct. App. 2024
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State of Minnesota v. Dahir Abdow Noor
Minn. Ct. App. 2024
Whether the state met its burden depends on “the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.” -82 (Minn. 2007).
- State of Minnesota v. Christian Portillo, A21-1621, Supreme Court, December 13, 2023 Minn. 2023
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State of Minnesota v. Christian Portillo, A21-1621, Supreme Court, December 13, 2023
Minn. 2023
ermine whether there is a reasonable likelihood that the prosecutor’s error had a significant effect on the verdict, “we consider the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether 14 the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.”
- State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
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State of Minnesota v. Paul Bradley Lanphear
Minn. Ct. App. 2023
If the defendant establishes an error that is plain and the state does 10 not meet its burden, “the appellate court then assesses whether it should address the error to ensure fairness and the integrity of the judicial proceedings.” (quotation omitted); (“[A]n appellate court may correct the error only when it seriously affects the fairness, integrity, or public reputation of judicial proceedings.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In assessing whether appellant’s substantial rights were affected, we consider “the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the i mproper suggestions.” (citations omitted) .
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In State v. Davis, the supreme court determined that the prosecuting attorney’s use of “preposterous” to describe a defendant’s self-defense testimony was “colorful” and “did not constitute error.” -83 (Minn. 2007).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“The state has a right to vigorously argue its case” and its argument “is not required to be colorless.” State v. Davis
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In determining whether there is a reasonable likelihood that the absence of the misconduct would have a significant effect on the jury’s verdict, “we consider the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.”