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. 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
The third plain-error factor is “satisfied if the defendant meets his ‘heavy burden’ to show that the error was prejudicial and affected the outcome of the case.” (quoting Griller, d at 741).
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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.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
An alternative hypothesis to guilt may not be based on “mere conjecture.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Alternative hypotheses to guilt may not be based on “mere conjecture.” State v. Tscheu
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
There is no evidence in the record suggesting the presence of another party that could have been responsible for the rifle, and an alternative hypothesis to guilt may not be based on “mere conjecture.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Conflicting evidence is cons trued in the light “most favorable to the verdict,” and we assume “that the jury belie ved the State’s witnesses and disbelieved the defense witnesses.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The reviewing court “construe[s] conflicting evidence in the light most favorable to the verdict and assume[s] that the jury believed the State’s witnesses and disbelieved the defense witnesses.” d 849, 858 (Minn. 2008).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- Brian Ford Dowell, petitioner, Appellant, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
In doing so, the appellate court must “construe conflicting evidence in the light most favorable to the verdict and assume that the jury believed the State’s witnesses a nd disbelieved the defense witnesses.”
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
In doing so, the appellate court must “cons true 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 v. Tscheu
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Id.; (applying plain-error review when the defendant objected on hearsay grounds but did not assert a confro ntation objection); State v. Tscheu , , 864 (Minn. 2008) (concluding no plain error because the guilty verdict was surely unattributable to the Confrontation Clause violations).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(quoting State v. Johnson, 217 N.W.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(holding that a defendant “may not rely on mere conjecture” and instead must “point to evidence in the record that is consistent with a rational th eory other than guilt”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
See State v. Tscheu , (M inn.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The state’s evidence does not need to exclude all inferences other than guilt, but it must “exclude all reasonable inferences other than guilt.”
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The state’s evidence need not exclude all inferences other than guilt, but it must “exclude all reasonable inferences other than guilt.” .
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“The state’s evidence need not 4 exclude all inferences other than guilt, bu t it must exclude all reasonable inferences other than guilt.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The state’s evidence does not need to exclude all inferences other than guilt, but it must “exclude all reasonable inferences other than guilt .” State v. Tscheu
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(stating the “appropriate procedure” for admitting rule 609(a) evidence is for the prosecutor to request a hearing outside the jury’s presence and “preferably before trial”).
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Minn. 2020
–62 (Minn. 2008) (concluding the appellant was not entitled to reversal because he did not show prejudice from lack of notice that the State intended to impeach his testimony with prior convictions).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See State v. Tscheu , 63 (Minn. 2008) (applying plain -error analysis to constitutional challenge).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
-61 (Minn. 2008); see also State v. Andersen , d 320, 330 (Minn. 2010) (“[W]e will not overturn a conviction based on circumstantial evidence on the basis of mere conjecture.” (quotation omitted)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See State v. Tscheu , d 849, 857 (Minn. 2008) (“When we review whether the eviden ce is sufficient to sustain a conviction, we determine whether, under th e facts in the record and any legitimate inferences that can be drawn from them, a jury could reasonably conclude that the defendant was guilty of the offense charged.” (quotation omitted)
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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Ernesto Torres Garcia, petitioner, Appellant,
Minn. Ct. App. 2019
See State v. Tscheu , -64 (Minn. 2008) (applying plain-error test to Confrontation Clause issue); State v. Manthey , d 498, 504 (Minn. 2006) (applying plain-error test to hearsay question).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The supreme court has held “that where a defendant chooses to introduce evidence after his motio n for judgment of acquittal has been denied, [this court] consider[s] the ‘whole record’ and not just the evidence produced by the State.” n.7 (Minn. 2008).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State v. Townsend 925 N.W.2d 280 Minn. Ct. App. 2019
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State v. Townsend
925 N.W.2d 280
Minn. Ct. App. 2019
Tscheu , , 858 (Minn. 2008).