Cited by
Opinions in Minnesota that cite State v. Tscheu, 758 N.W.2d 849.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(stating that this court will review an unobjected-to error under the “plain error test”); (applying plain-error to review Confrontation Clause issue when the objection at trial was on hearsay grounds and declining to consider the effect of a hearsay objection on the appropriate standard of review); -64 (Minn. 2008) (applying plain-error standard of review to forfeited Confrontation Clause issue).
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In the Matter of the Welfare of: M. J. T., Child.
Minn. Ct. App. 2026
(d 849, 861 (Minn. 2008)).
- State of Minnesota v. Adam Alan Penhollow Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
We will not reverse a conviction “based on mere conjecture.”
- Abdulwahid Hassan Hedo, petitioner, Appellant, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
at 484 (d 849, 861 (Minn. 2008)).
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State of Minnesota v. Steven Douglas Nelson
Minn. 2026
See, d 849, 863 (Minn. 2008) (observing that we apply the plain-error analysis to a constitutional challenge or evidentiary question that has been otherwise forfeited by a failure to object).
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“The phrase ‘circumstances proved’ does not mean ‘every circumstance as to which there may be some testimony in the case’; rather, it 5 refers only to those ‘circumstances as the jury finds proved by the evidence.’” -58 (Minn. 2008) (quoting State v. Johnson, 217 N.W.
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State of Minnesota v. Adam Taylor Fravel
Minn. 2026
at 785; (citation omitted) (internal quotation marks omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota v. Nicholas James Firkus Minn. 2026
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State of Minnesota v. Nicholas James Firkus
Minn. 2026
But we will not reverse a conviction “based on mere conjecture.”
- State of Minnesota v. Robert Jon Hill Minn. Ct. App. 2026
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State of Minnesota v. Robert Jon Hill
Minn. Ct. App. 2026
We “construe conflicting evidence in the light most favorable to the verdict.”
- State of Minnesota v. Anthony Ralph Kodlowski Minn. Ct. App. 2026
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State of Minnesota v. Anthony Ralph Kodlowski
Minn. Ct. App. 2026
We will not reverse a conviction supported by circumstantial evidence based on “mere conjecture”; rather, the appellant must “point to evidence in the record that is consistent with a rational theory other than guilt.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Put another way, we “construe conflicting evidence in the light most favorable to the verdict and assume that the jury believed the State’s witnesses and disbelieved the defense witnesses.”
- State of Minnesota v. Scott Mathew Schillak Minn. Ct. App. 2025
- State of Minnesota v. Scott Mathew Schillak Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
(quotations omitted); (holding that a reviewing court must “assume that the jury believed the State’s witnesses and disbelieved the defense witnesses”).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
(“[W]e will not reverse a conviction, even one grounded only in circumstantial evidence, based on mere conjecture or the possibility of innocence when the evidence shows such possibility is unreasonable.”).
- State of Minnesota v. Ahmed Farah Muhumed Minn. Ct. App. 2025
- State of Minnesota v. Ahmed Farah Muhumed Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
An alternative hypothesis to guilt may not be based on “mere conjecture.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
(stating that the circumstances proved, as a whole, need not exclude all inferences other than guilt because “[t]he State’s obligation is to exclude all reasonable inferences other than guilt”).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In addition, “inconsistencies in the state’s case or possibilities of innocence” do not require reversal of a conviction if the evidence ultimately “makes such theories seem unreasonable.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
When applying the circumstantial-evidence standard of review, “alternative hypotheses to guilt may not be based on ‘mere conjecture.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“The Sixth Amendment guarantees the accused the right to confront the witnesses against him.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Appellate courts “construe conflicting evidence in the light most favorable to the verdict.”
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
We also “construe conflicting evidence in the light most favorable to the verdict and assume that the jury believed the State’s witnesses and disbelieved the defense witnesses.”
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Jonathan Samael Greyblood, petitioner, Appellant,
Minn. Ct. App. 2024
Appellate courts also “construe conflicting evidence in the light most favorable to the verdict.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
8 861 (Minn. 2008); (noting that “possibilities of innocence do not require reversal of a jury verdict so long as the evidence taken as a whole makes such theories seem unreasonable” (quotation omitted)).
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Minn. 2024
A defendant must “point to evidence in the record that is consistent with a rational theory other than guilt.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
We also “construe conflicting evidence in the light most favorable to the verdict.” State v. Tscheu
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
See State v. Tscheu , (noting that to successfully challenge a jury’s verdict, an appellant must “point to evidence in the record that is consistent with a rational theory other than guilt”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
d 849, 858 (Minn. 2008) (“[W]e will not overturn a conviction based on circumstantial evidence on the basis of mere conjecture.” (quotations omitted)).
- State of Minnesota v. Lakeric Cortez McCaskill Minn. Ct. App. 2024
- State of Minnesota v. Lakeric Cortez McCaskill Minn. Ct. App. 2024
- State of Minnesota v. Antonio Dirrell Hugh Minn. Ct. App. 2024
- State of Minnesota v. Rosalio Martinez, Jr. Minn. Ct. App. 2024
- State of Minnesota v. Phillip Charles Jones Minn. Ct. App. 2024