Cited by
Opinions in Minnesota that cite State v. Tscheu, 758 N.W.2d 849.
- State of Minnesota v. Rosalio Martinez, Jr. Minn. Ct. App. 2024
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State of Minnesota v. Phillip Charles Jones
Minn. Ct. App. 2024
To constitute a rational alternative hypothesis, appellant must rely on more than “mere conjecture or the possibility of [his] innocence.”
- State of Minnesota v. Antonio Dirrell Hugh Minn. Ct. App. 2024
- State of Minnesota v. James Michael Peterson Minn. Ct. App. 2024
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State of Minnesota v. James Michael Peterson
Minn. Ct. App. 2024
Appellate courts also “construe conflicting evidence in the light most favorable to the verdict.”
- State of Minnesota v. Jerry Arnold Westrom 6 N.W.3d 145 Minn. 2024
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State of Minnesota v. Jerry Arnold Westrom
6 N.W.3d 145
Minn. 2024
(“[The defendant] must .
- State of Minnesota v. Justin James Holinka Minn. Ct. App. 2024
- State of Minnesota v. Justin James Holinka Minn. Ct. App. 2024
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
- State of Minnesota v. Ali Ahmed Omar Minn. Ct. App. 2024
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State of Minnesota v. Ali Ahmed Omar
Minn. Ct. App. 2024
Appellate courts 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.”
- State of Minnesota v. Justin Thomas Keodouangdy Minn. Ct. App. 2024
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State of Minnesota v. Justin Thomas Keodouangdy
Minn. Ct. App. 2024
Neither inconsistencies in the state’s case, nor possibilities of innocence, require reversal “so long as the evidence taken as a whole makes such [alternative] theories seem unreasonable.”
- State of Minnesota v. Daryl Shannon Williams Minn. Ct. App. 2024
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State of Minnesota v. Daryl Shannon Williams
Minn. Ct. App. 2024
When a party fails to object to the admission of evidence, that failure typically “constitutes a waiver of the right to appeal on that basis.” d 849, 863 (Minn. 2008).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Construing “conflicting evidence in the light most favorable to the verdict,” suggests that, by canceling the check used to get the vehicle out of COP’s impound lot , appellant intended on getting his vehicle back without paying COP.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
See Andersen, d at 330 (noting that we will not overturn a conviction based on “mere conjecture”); (avoiding conjecture requires pointing “to evidence in the record that is consistent with a rational theory other than guilt”).
- State of Minnesota v. Damarcus Deontay Holloway Minn. Ct. App. 2024
- State of Minnesota v. Damarcus Deontay Holloway 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
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. 2024
- State of Minnesota v. Keith Alan Powelson Minn. Ct. App. 2023
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State of Minnesota v. Keith Alan Powelson
Minn. Ct. App. 2023
An appellant’s alternative hypothesis to guilt is not a rational hypothesis if it is based on “mere conjecture.”
- State of Minnesota v. Henry James Johnson, Jr. Minn. Ct. App. 2023
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State of Minnesota v. Henry James Johnson, Jr.
Minn. Ct. App. 2023
In other words, we must “construe conflicting evidence in the light most favorable to the verdict and assume that the jury believed the 5 State’s witnesses and disbelieved the defense witnesses.” d 849, 858 (Minn. 2008).
- State of Minnesota v. Keevin Lashawn Hinton Minn. Ct. App. 2023
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State of Minnesota v. Keevin Lashawn Hinton
Minn. Ct. App. 2023
(refusing to reverse a conviction based on “mere conjecture or the possibility of innocence when the evidence shows such possibility is unreasonable”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
7 An alternative hypothesis to guilt may not be based on “mere conjecture.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
te asked appellant on cross- examination about C.P., appellant evaded the question several times and stated, “I’m not on [the] stand to snitch on somebody.” An appellant may not rely on “mere conjecture” to establish a reasonably hypothesis of innocence; rather, “[they] must instead point to evidence in the record that is consistent with a rational theory other than guilt.” 1 The record shows that appellant’s offense occurred on January 11, but appellant did not report the pick-up truck stolen u
- State of Minnesota v. Christopher James Colgrove Minn. 2023
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State of Minnesota v. Christopher James Colgrove
Minn. 2023
–70 (Minn. 2009) (Meyer, J., concurring) (outlining the D-4 history of the circumstantial evidence test both as a required jury instruction and as a standard of appellate review); n.4 (Minn. 2017) (stating that the reason for
- State of Minnesota v. Raeleen Kay Johnson, A21-1360, Supreme Court, September 13, 2023 Minn. 2023
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State of Minnesota v. Raeleen Kay Johnson, A21-1360, Supreme Court, September 13, 2023
Minn. 2023
–61 (Minn. 2008) (acknowledging that defendant’s alternative theory was “theoretically possible” but rejecting the argument and upholding the conviction because there was “no physical evidence in the record to provide reasonable support for this hypothesis”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(“ [P]ossibilities of innocence do not require reversal of a jury verdict so long as the evidence taken as a whole makes such theories seem unreasonable.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(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. 2023
In other words, we must “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, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Even so, “inconsistencies in the state’s case or possibilities of innocence” do not require reversal so long as the evidence as a whole “makes such theories seem unreasonable.”
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In the Matter of the Welfare of: E. E. M., Child.
Minn. Ct. App. 2023
A defendant “may not rely on mere conjecture or speculation.” Al-Naseer, d at 480
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In other words, we must “construe conflicting evidence in the light most favorable to the verdict” and “disregard testimony that is inconsistent with the verdict.” Hawes, d at 6669.
- 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
d 849, 858 (Minn. 2008).
- State of Minnesota, Appellant, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In other words, we must “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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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Even so, “inconsistencies in the state’s case or possibilities of innocence” do not require reversal so long as the evidence as a whole “makes such theories seem unreasonable.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Failure to object to the admission of evidence generally constitutes a waiver of the right to appeal on that basis.”