Cited by

Opinions in Minnesota that cite State v. Ferguson, 742 N.W.2d 651.

60 citing documents.

  • State of Minnesota, Respondent, Minn. Ct. App. 2026
    This clause provides criminal defendants the right of cross-examination, which is “the principal means by which the believability of a witness and the truth of his testimony are tested.” (quotation omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2026
    “Effective cross-examination is essential to a fair trial because ‘[c]ross-examination is the principal means by which the believability of a witness and the truth of [their] testimony are tested.’” (quoting Davis v. Alaska, 415 U.S. 308, 316 (1974)).
  • State of Minnesota, Respondent, Minn. Ct. App. 2025
  • A23-0588 Minn. 2024
    A defendant’s rights under the Confrontation Clause are “not violated by limitations on cross-examination so long as the jury is presented with sufficient information from which to appropriately draw inferences as to the witness’s reliability.”
  • Lance Arnold Kingbird, petitioner, Appellant, Minn. Ct. App. 2023
    For this reason, “[t]he showing required for a petitioner to receive an evidentiary hearing is lower than that required to receive a new trial.” d 651, 659 (Minn. 2007); (“The burden of proof for a postconviction evidentiary hearing is lower than the burden for new trial.”).
  • State of Minnesota, Minn. 2023
    The right to confront witnesses “is not violated by limitations on cross -examination so long as the jury is presented with sufficient information from which to appropriately draw inferences as to the witness’s reliability.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    Lanz- Terry, see also Delaware v. Van Arsdall, 475 U.S. 673, 679 (1986) (noting that district courts have “wide latitude” to reasonably limit cross- examination “based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness’ safety, or interrogation that is repetitive or only marginally relevant”); (noting that cross-examination may be limited “so long as the jury is presented with sufficient information from which to appropriately draw inferences as to
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
  • A20-1351 Minn. 2021
    a choice” as to future custody), and cross-examination is an important tool in testing credibility, see, e.g. , State v. Ferguson , (explaining purposes of cross -examination, including testing credibility).
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
  • Campbell v. State 916 N.W.2d 502 Minn. 2018
  • Campbell v. State 916 N.W.2d 502 Minn. 2018
    y were false, and misspelled the name of the witness who was allegedly recanting); Vance v. State , , 514-15 (Minn. 2008) (concluding that the affidavits of two witnesses recanting their trial testimony lacked sufficient indicia of trustworthiness to merit an evidentiary hearing because the reasons given for falsely testifying were vague and did not make sense); State v. Ferguson , , 659-60 (Minn. 2007) (concluding that an unsigned memorandum written by a defense investigator who interviewed the
  • Andersen v. State 913 N.W.2d 417 Minn. 2018
  • Andersen v. State 913 N.W.2d 417 Minn. 2018
    (citing State v. Ferguson , , 659-60 (Minn. 2007) ) ).
  • Ismael Hernandez, petitioner, Appellant, Minn. Ct. App. 2018
    Since post- trial recant ations raise suspicions even when they are embodied in sworn affidavits and testimony, –60 (Minn. 2007), we are satisfied that the district court rightly chose not to administer an evidentiary hearing based on Hernandez’s offering of Soto’s letter.
  • State of Minnesota, Respondent, Minn. Ct. App. 2017
    “Courts generally view recanting affidavits and testimony with suspicion.”
  • Loving v. State 891 N.W.2d 638 Minn. 2017
  • Loving v. State 891 N.W.2d 638 Minn. 2017
    When considering a claim of insufficient evidence, we conduct “ ‘a painstaking review of the record to determine whether the evidence and reasonable inferences drawn therefrom, viewed in a light most favorable to the verdict, were sufficient to allow the jury to reach its verdict.’” ().
  • Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2017
  • Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2017
    “Courts generally view recanting affidavits and testimony with suspicion.”
  • State of Minnesota v. Shawnti Tramayne Fleming Minn. Ct. App. 2016
  • State of Minnesota v. Shawnti Tramayne Fleming Minn. Ct. App. 2016
  • Myon Demarlo Burrell v. State of Minnesota 858 N.W.2d 779 Minn. 2015
  • Myon Demarlo Burrell v. State of Minnesota 858 N.W.2d 779 Minn. 2015
  • Lincoln Lamar Caldwell v. State of Minnesota 853 N.W.2d 766 Minn. 2014
  • Lincoln Lamar Caldwell v. State of Minnesota 853 N.W.2d 766 Minn. 2014
    State v. Ferguson (Ferguson I), (applying the indicia-of-trustworthiness standard from witness-recantation claims to claims involving newly discovered evidence).
  • Dobbins v. State 845 N.W.2d 148 Minn. 2013
  • Dobbins v. State 845 N.W.2d 148 Minn. 2013
    Compare Ferguson, d at 813 (articulating the six factors to evaluate the trustworthiness of a statement against penal interest, all of which focus on the reliability of the declarant and the declarant’s statements), (concluding that an unnotarized affidavit of an investigator reporting a witness’s recantation did not have sufficient indicia of trustworthiness under the Larrison test to warrant *155 an evidentiary hearing).
  • State v. Nicks 831 N.W.2d 493 Minn. 2013
  • State v. Nicks 831 N.W.2d 493 Minn. 2013
  • Ferguson v. State 826 N.W.2d 808 Minn. 2013
  • Ferguson v. State 826 N.W.2d 808 Minn. 2013
    State v. Ferguson (Ferguson I)
  • Martin v. State 825 N.W.2d 734 Minn. 2013
  • Martin v. State 825 N.W.2d 734 Minn. 2013
    State v. Ferguson (Ferguson I), Vance v. State (Vance II)
  • Miles v. State 800 N.W.2d 778 Minn. 2011
  • Miles v. State 800 N.W.2d 778 Minn. 2011
    Specifically, in State v. Ferguson, we said that “to justify the expense and risk of transporting the petitioner to an evidentiary hearing, it seems to us that the petitioner has an obligation to make a greater showing of a genuine recantation.”
  • Dobbins v. State 788 N.W.2d 719 Minn. 2010
  • Dobbins v. State 788 N.W.2d 719 Minn. 2010
    See Opsahl, d at 424 (concluding that sworn statements alleging the State pressured witnesses to give misleading testimony were more than “mere ‘argumentative assertions’ ”); (dismissing without prejudice a petition for postconviction relief because the petitioner submitted only an unsigned memorandum by a third party in support of his allegation that a witness recanted).
  • Evans v. State 788 N.W.2d 38 Minn. 2010
  • Evans v. State 788 N.W.2d 38 Minn. 2010
    See State v. Ferguson (Jermaine I)
  • Laine v. State 786 N.W.2d 635 Minn. 2010
  • Laine v. State 786 N.W.2d 635 Minn. 2010
  • Staunton v. State 784 N.W.2d 289 Minn. 2010
  • Staunton v. State 784 N.W.2d 289 Minn. 2010
    In assessing the sufficiency of the evidence, we conduct “a painstaking review of the record to determine whether the evidence and reasonable inferences drawn therefrom, viewed in a light most favorable to the verdict, were sufficient to allow the jury to reach its verdict.” (citation omitted) (internal quotation marks omitted).
  • Ferguson v. State 779 N.W.2d 555 Minn. 2010
  • Ferguson v. State 779 N.W.2d 555 Minn. 2010
    State v. Ferguson (Ferguson I)
  • Vickla v. State 778 N.W.2d 354 Minn. Ct. App. 2010
  • Vickla v. State 778 N.W.2d 354 Minn. Ct. App. 2010
    ANALYSIS “On review of postconviction decisions, [appellate courts] extend a broad review of both questions of law and fact.”
  • State v. Yang 774 N.W.2d 539 Minn. 2009
  • State v. Yang 774 N.W.2d 539 Minn. 2009