Cited by
Opinions in Minnesota that cite State v. Tscheu, 758 N.W.2d 849.
- State of Minnesota v. Ashimiyu Gbolahan Alowonle Minn. Ct. App. 2015
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State of Minnesota v. Ashimiyu Gbolahan Alowonle
Minn. Ct. App. 2015
However, a rational hypothesis must “point to evidence in the record that is consistent” with the theory and be supported by more than “mere conjecture.” (quotation omitted).
- State of Minnesota v. Eddie Niles Hubbard Minn. Ct. App. 2015
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State of Minnesota v. Eddie Niles Hubbard
Minn. Ct. App. 2015
We must assume that “the jury believed the State’s witnesses and disbelieved the defense witnesses.”
- State of Minnesota v. Charles Kihanya Minn. Ct. App. 2015
- State of Minnesota v. Charles Kihanya Minn. Ct. App. 2015
- State of Minnesota v. Darren Ray Liimatainen Minn. Ct. App. 2015
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State of Minnesota v. Darren Ray Liimatainen
Minn. Ct. App. 2015
Questions regarding “which witnesses or conflicting evidence to believe are for the jury even in cases built entirely on circumstantial evidence.”
- State of Minnesota v. Francisco Cleofus Mountain Minn. Ct. App. 2015
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State of Minnesota v. Francisco Cleofus Mountain
Minn. Ct. App. 2015
“There may well be testimony on behalf of the defendant as to inconsistent facts and circumstances, not conclusively proved, and 5 which the jury may have a right to and do reject as not proved.” (quotation omitted).
- State of Minnesota v. Keon Malone Mangun Minn. Ct. App. 2015
- State of Minnesota v. Peter William Warren Minn. Ct. App. 2015
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State of Minnesota v. Peter William Warren
Minn. Ct. App. 2015
“Failure to object to the admission of evidence generally constitutes waiver of the right to appeal on that basis.”
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State of Minnesota v. Keon Malone Mangun
Minn. Ct. App. 2015
We must assume that “the jury believed the State’s witnesses and disbelieved the defense witnesses.”
- State of Minnesota v. Jason David Fredrickson Minn. Ct. App. 2015
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State of Minnesota v. Jason David Fredrickson
Minn. Ct. App. 2015
“There may well be testimony on behalf of the defendant as to inconsistent facts and circumstances, not conclusively proved, and which the jury may have a right to and do reject as not proved.” (quotation omitted).
- State of Minnesota v. Thomas James Fox 868 N.W.2d 206 Minn. 2015
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Overruled
State of Minnesota v. Thomas James Fox
868 N.W.2d 206
Minn. 2015
at 337-40 (Meyer, J., concurring); (Meyer, J., concurring).
- State of Minnesota v. Yuri Alexander Taylor Minn. Ct. App. 2015
- State of Minnesota v. Joseph Douglas Ankney Minn. Ct. App. 2015
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State of Minnesota v. Yuri Alexander Taylor
Minn. Ct. App. 2015
807 (requiring that out-of-court statements have circumstantial guarantees of trustworthiness to be admissible); 1 Taylor does not argue that he received ineffective assistance of trial counsel.
- State of Minnesota v. Joseph Douglas Ankney Minn. Ct. App. 2015
- State of Minnesota v. Jeffery Dale Trevino Minn. Ct. App. 2015
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State of Minnesota v. Jeffery Dale Trevino
Minn. Ct. App. 2015
“There may well be testimony on behalf of the defendant as to inconsistent facts and 9 circumstances, not conclusively proved, and which the jury may have a right to and do reject as not proved.” (quotation omitted).
- State of Minnesota v. Thomas Ardell Gentry Minn. Ct. App. 2015
- State of Minnesota v. Richard Handsome Carter Minn. Ct. App. 2015
- State of Minnesota v. Rafael O'Toole Watson Minn. Ct. App. 2015
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State of Minnesota v. Thomas Ardell Gentry
Minn. Ct. App. 2015
A proffered rational alternative hypothesis must be supported by more than “mere conjecture” and must “point to evidence in the record that is consistent with a rational theory other than guilt.” d 849, 858 (Minn. 2008).
- State of Minnesota v. Richard Handsome Carter Minn. Ct. App. 2015
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State of Minnesota v. Rafael O'Toole Watson
Minn. Ct. App. 2015
We must assume that “the jury believed the State’s witnesses and disbelieved the defense witnesses.”
- State of Minnesota v. Willie B. Brown Minn. Ct. App. 2015
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State of Minnesota v. Willie B. Brown
Minn. Ct. App. 2015
(emphasizing that the state’s evidence need not exclude all inferences other than guilt but must exclude all reasonable inferences other than guilt).
- State of Minnesota v. Dominic Jason Allen Sam 859 N.W.2d 825 Minn. Ct. App. 2015
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State of Minnesota v. Dominic Jason Allen Sam
859 N.W.2d 825
Minn. Ct. App. 2015
While the district court correctly recognized that several Minnesota appellate opinions have commented about the efficacy of incorporating the Al-Naseer and Silvernail analysis into jury instructions, (Meyer, J., concurring and writing for three justices); (Meyer, J. concurring); McCormick, d at 505 n.2, appellant did not argue to the district court, and does not argue on appeal, that the jury instructions were erroneous or insufficient.
- State of Minnesota v. Rajab Ibn Dawun Abdul Jabbar Minn. Ct. App. 2015
- State of Minnesota v. Alfred Smith, Jr. Minn. Ct. App. 2015
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State of Minnesota v. Rajab Ibn Dawun Abdul Jabbar
Minn. Ct. App. 2015
Nevertheless, “[appellate courts] may consider an error not objected to at trial if there was (1) error, (2) the error was plain, and (3) the error affected the defendant’s substantial rights.”
- State of Minnesota v. Alfred Smith, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Paris Treall Haines Minn. Ct. App. 2015
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State of Minnesota v. Paris Treall Haines
Minn. Ct. App. 2015
“[I]nconsistencies in the state’s case or 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.”
- State of Minnesota v. Jesse Keith Fultz Minn. Ct. App. 2014
- State of Minnesota v. Jesse Keith Fultz Minn. Ct. App. 2014
- State of Minnesota v. Michael Robert Dotterweich Minn. Ct. App. 2014
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State of Minnesota v. Michael Robert Dotterweich
Minn. Ct. App. 2014
2 Plain error exists when: (1) there is an error; (2) the error is plain; and (3) the error affects a party’s substantial rights.
- State of Minnesota v. Christopher Michael Kaupang Minn. Ct. App. 2014
- State of Minnesota v. Christopher Michael Kaupang Minn. Ct. App. 2014
- State of Minnesota v. Dylan Micheal Kelley 855 N.W.2d 269 Minn. 2014
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State of Minnesota v. Dylan Micheal Kelley
855 N.W.2d 269
Minn. 2014
See, (“[F]or plain error to exist, the trial error must have been so clear under applicable law at the time of the conviction....”) (citation omitted) (internal quotation marks omitted).
- State of Minnesota v. Gregory Levon Spraggins, Jr. Minn. Ct. App. 2014
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State of Minnesota v. Gregory Levon Spraggins, Jr.
Minn. Ct. App. 2014
We must assume that “the [fact-finder] believed the State’s witnesses and disbelieved the defense witnesses.”