Cited by
Opinions in Minnesota that cite State v. Tscheu, 758 N.W.2d 849.
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State of Minnesota v. Kevin Deshaun Everett
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 v. Lance George Iwen
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 v. John Ishmael Bradley, III
Minn. Ct. App. 2023
“Failure to object to the admission of evidence generally constitutes a waiver of the right to appeal on that basis.”
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State of Minnesota v. John Mitchell Wiseman
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 v. Dak Luk Ret Minn. Ct. App. 2023
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State of Minnesota v. Andrew Donald Knott
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 v. Brett Thomas Green
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 v. Jacob David Jackson Boucher Minn. Ct. App. 2022
- State of Minnesota v. Morris Silas Dodd, Jr. Minn. Ct. App. 2022
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State of Minnesota v. Corey Lynden Stone
Minn. Ct. App. 2022
An alternative hypothesis to guilt may not be based on “mere conjecture.”
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State of Minnesota v. Sara Jane Olson
Minn. Ct. App. 2022
Alternative hypotheses to guilt may not be based on “mere conjecture.” State v. Tscheu
- State of Minnesota v. Richard Alan Quarles Minn. Ct. App. 2022
- State of Minnesota v. Michael John McClatchey Minn. Ct. App. 2022
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State of Minnesota v. Bounkieng Sinthavong
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 v. Shane Kenneth Wallace
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 v. Rene Gabriel-Ramos Minn. Ct. App. 2022
- State of Minnesota v. Gary Alonzo Jones Minn. Ct. App. 2021
- State of Minnesota v. Roberto Amed Dommer Minn. Ct. App. 2021
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State of Minnesota v. Chaz Elijah Moore
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 v. Todd Gerald Pletcher Minn. Ct. App. 2021
- State of Minnesota v. Chase Michael Schwendeman Minn. Ct. App. 2021
- State of Minnesota v. James Edward Smith Minn. Ct. App. 2021
- Brian Ford Dowell v. State of Minnesota Minn. Ct. App. 2021
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State of Minnesota v. Allison Ann Mastin
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 v. Jordan Antonio Urena-Muro Minn. Ct. App. 2021
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State of Minnesota v. Carter John Ibberson
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 v. Tywan Rulford Minn. Ct. App. 2021
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State of Minnesota v. Korie Jermaine Wash
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 v. Michael Allen Boisjolie Minn. Ct. App. 2020
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State of Minnesota v. John Okuch Odiel
Minn. Ct. App. 2020
(quoting State v. Johnson, 217 N.W.
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State of Minnesota v. Angelica Shantel Easterling
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 v. John Evans
Minn. Ct. App. 2020
See State v. Tscheu , (M inn.
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State of Minnesota v. Ramon Rosevelt Blakey
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 v. Scott Richard Lind Minn. Ct. App. 2020
- State of Minnesota v. Suvwe Peter Ighovojah Minn. Ct. App. 2020
- State of Minnesota v. Sid Brady Strickland-Green, III Minn. Ct. App. 2020
- State of Minnesota v. Derek Alan Olson Minn. Ct. App. 2020
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State of Minnesota v. Shawn William Lampi
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 v. Charles Edward Kennedy
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 v. Adam Eldon Switala
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 v. Randy Scott Bennett, Jr.
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 v. David Alexander Schill, Jr.
Minn. Ct. App. 2019
See State v. Tscheu , 63 (Minn. 2008) (applying plain -error analysis to constitutional challenge).
- State of Minnesota v. Kent David Olson Minn. Ct. App. 2019
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State of Minnesota v. Travis Jerome Norcross
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 v. Brian John Abrahamson
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 v. Ayanna Laverne Coleman Minn. Ct. App. 2019
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Ernesto Torres Garcia v. State of Minnesota
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 v. Tory Larae Moore
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 v. Lee Edward Smith, Jr. Minn. Ct. App. 2019