Cited by
Opinions in Minnesota that cite State v. Tscheu, 758 N.W.2d 849.
- State of Minnesota v. Keith Richard Rossberg 851 N.W.2d 609 Minn. 2014
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State of Minnesota v. Keith Richard Rossberg
851 N.W.2d 609
Minn. 2014
(quoting Griller, d at 741).
- State of Minnesota v. Joshua Michael Krall Minn. Ct. App. 2014
- State of Minnesota v. Jason Paul Krieg Minn. Ct. App. 2014
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State of Minnesota v. Jason Paul Krieg
Minn. Ct. App. 2014
We must assume that “the [fact-finder] believed the State’s witnesses and disbelieved the defense witnesses.”
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State of Minnesota v. Joshua Michael Krall
Minn. Ct. App. 2014
“[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.” (quotation omitted).
- State of Minnesota v. La�Rog Daquan Meadows Minn. Ct. App. 2014
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State of Minnesota v. La�Rog Daquan Meadows
Minn. Ct. App. 2014
pretrial hearsay notice, he did so based on a claim that the notice provided inadequate details, which the state remedied; Meadows’s counsel later told the district court, “I didn’t make any hearsay objections.” “[W]e 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. Javier Zapien-Arreola Minn. Ct. App. 2014
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State of Minnesota v. Javier Zapien-Arreola
Minn. Ct. App. 2014
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.” d 849, 863 (Minn. 2008).
- State v. Moore 846 N.W.2d 83 Minn. 2014
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State v. Moore
846 N.W.2d 83
Minn. 2014
Put differently, 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 v. McCormick 835 N.W.2d 498 Minn. Ct. App. 2013
- State v. McCormick 835 N.W.2d 498 Minn. Ct. App. 2013
- State v. Sterling 834 N.W.2d 162 Minn. 2013
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State v. Sterling
834 N.W.2d 162
Minn. 2013
As with direct evidence, 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 v. Kelley 832 N.W.2d 447 Minn. Ct. App. 2013
- State v. Kelley 832 N.W.2d 447 Minn. Ct. App. 2013
- State v. Silvernail 831 N.W.2d 594 Minn. 2013
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State v. Silvernail
831 N.W.2d 594
Minn. 2013
As with direct evidence, we “construe conflicting evidence in the light most favorable to the verdict and assume that the jury believéd the State’s witnesses and disbelieved the defense witnesses.”
- Tscheu v. State 829 N.W.2d 400 Minn. 2013
- Tscheu v. State 829 N.W.2d 400 Minn. 2013
- State v. McDonald-Richards 840 N.W.2d 9 Minn. 2013
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State v. McDonald-Richards
840 N.W.2d 9
Minn. 2013
the evidence is cumulative or there is “other extensive evidence connecting [the defendant] to the commission of the crime.” (concluding that the erroneous admission of evidence was harmless error when the State presented witness testimony and forensic evidence corroborated the testimony linking the defendant to the crime); (finding that erroneous admission of hearsay evidence in violation of the Confrontation Clause was harmless error when the hearsay was cumulative of other admissible testimon
- State v. Hokanson 821 N.W.2d 340 Minn. 2012
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State v. Hokanson
821 N.W.2d 340
Minn. 2012
“The phrase ‘circumstances proved’ does not mean ‘every circumstance as to which there may be some testimony in the case’; rather, it refers only to those ‘circumstances as the jury finds proved by the evidence.’ ” -58 (Minn.2008) (quoting State v. Johnson, 173 Minn. 543, 545 , 217 N.W.
- State v. Montermini 819 N.W.2d 447 Minn. Ct. App. 2012
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State v. Montermini
819 N.W.2d 447
Minn. Ct. App. 2012
873 n. 6 (Minn.2008) (Meyer, J., concurring) (“When defendants opt for an all-or-nothing verdict, appellate courts rarely afford relief when, with the benefit of hindsight, the strategy may have been mistaken.”).
- State v. Barajas 817 N.W.2d 204 Minn. Ct. App. 2012
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State v. Barajas
817 N.W.2d 204
Minn. Ct. App. 2012
See Part I.B., supra (concluding that erroneous admission of challenged photographs in evidence was harmless beyond a reasonable doubt); , 864 n. 18 (Minn.2008) (recognizing that harmless-error standard is higher standard than third prong of plain-error test).
- State v. Palmer 803 N.W.2d 727 Minn. 2011
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State v. Palmer
803 N.W.2d 727
Minn. 2011
If these three factors are met, we then ask whether the error needs to be addressed “to ensure fairness and the integrity of the judicial proceedings.” (citation omitted) (internal quotation marks omitted).
- State v. Hawes 801 N.W.2d 659 Minn. 2011
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State v. Hawes
801 N.W.2d 659
Minn. 2011
Stated another way, we “construe conflicting evidence in the light most favorable to the verdict and assume that the jury believed the States witnesses and disbelieved the defense witnesses.”
- State v. Nissalke 801 N.W.2d 82 Minn. 2011
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State v. Nissalke
801 N.W.2d 82
Minn. 2011
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 v. Al-Naseer 788 N.W.2d 469 Minn. 2010
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State v. Al-Naseer
788 N.W.2d 469
Minn. 2010
the State notes that a challenge to a verdict based on circumstantial evidence “may not rely on mere conjecture” or speculation.
- State v. Andersen 784 N.W.2d 320 Minn. 2010
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State v. Andersen
784 N.W.2d 320
Minn. 2010
“Minnesota’s traditional circumstantial evidence standard incorporates the burden of proof in sufficiency review....” (Meyer, J., concurring).
- State v. Jenkins 782 N.W.2d 211 Minn. 2010
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State v. Jenkins
782 N.W.2d 211
Minn. 2010
If we determine that there was error that was plain and that affected the defendant’s substantial rights, we “ ‘then assess [ ] whether [we] should address the error to ensure fairness and the integrity of the judicial proceedings.’ ” (alterations in original) ().
- State v. Ahmed 782 N.W.2d 253 Minn. Ct. App. 2010
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State v. Ahmed
782 N.W.2d 253
Minn. Ct. App. 2010
2266, 2273 , 165 L.Ed.2d 224 (2006)
- State v. McClenton 781 N.W.2d 181 Minn. Ct. App. 2010
- State v. McClenton 781 N.W.2d 181 Minn. Ct. App. 2010
- State v. Stein 776 N.W.2d 709 Minn. 2010
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State v. Stein
776 N.W.2d 709
Minn. 2010
Most recently, we held the evidence sufficient to support a murder conviction.