Cited by
Opinions in Minnesota that cite State v. Rucker, 752 N.W.2d 538.
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Court of Appeals State of Minnesota v. Ge Yang Gaïtas, J. Dissenting, Moore, III, McKeig, Hennesy, JJ
Minn. 2026
The court of appeals, rejected Yang’s argument and affirmed.
- State of Minnesota v. Tracey Dee Keyes Minn. 2026
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Michael Adam Davis v. State of Minnesota
Minn. Ct. App. 2026
14 But prosecutors are permitted to use “dramatic devices” and argue in a “persuasive fashion” to “make reasonable inferences from the record.” d 538, 552 (Minn. App. 2008), rev. denied (Minn. Sept.
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State of Minnesota v. Jorge Luis Sandoval
Minn. Ct. App. 2026
However, “prosecutors are not prohibited from arguing that certain witnesses are 10 believable.” rev. denied (Minn. Sept.
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State of Minnesota v. Dru Alexander Barrow
Minn. Ct. App. 2026
-66 (Minn. App. 2009) (concluding prosecutor’s comments explaining victim’s age, inexperience, and shame were not an attempt to inflame jury passions, but an explanation of evidence on “why [the victim] did not immediately report the sexual assault”), aff’d, (“Prosecutors are permitted to make reasonable inferences from evidence on the record, to analyze or explain the evidence, and to make legitimate arguments to the jury based on the evidence.”), rev. denied (Minn. Sept.
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State of Minnesota v. Jerson Manuel Montes Banegas
Minn. Ct. App. 2026
We so hold based on State v. Rucker, 8 rev. denied (Minn. Sept.
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State of Minnesota v. Justin Duane Larson
Minn. Ct. App. 2026
This court has held that, “for the purpose of establishing venue in the limited area of child -abuse, a child can be ‘found’ in the county where the child resided either when the abuse occurred or when the abuse was discovered.” rev. denied (Minn. Sept.
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State of Minnesota v. Roberto Ortega-Herrera
Minn. Ct. App. 2025
In response, rev. denied (Minn. Sept.
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State of Minnesota v. Afeez Adebisi Ogundero
Minn. Ct. App. 2025
A prosecutor has the flexibility “to present to the jury all legitimate arguments on the evidence, to analyze and explain the evidence, and to present all proper inferences that the jury must draw from it.” (quotation omitted), rev. denied (Minn. Sept.
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State of Minnesota v. Travis Clay Andersen
Minn. Ct. App. 2025
And Andersen did not provide separate defenses with respect to each threat; (considering the nature of the appellant’s defense at trial in determining whether a specific unanimity instruction was required), rev. denied (Minn. Sept.
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Distinguished
State of Minnesota v. Ge Yang
Minn. Ct. App. 2025
Second, Yang’s a rgument relies almost entirely on our holding in Stempf, but Stempf is distinguishable from the facts of Yang’s rev. denied (Minn. Sept.
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State of Minnesota v. Servando Suarez Rivera
Minn. Ct. App. 2024
Particularly in sexual abuse cases, which “inevitably evoke an emotional reaction” and “where credibility is the central issue,” any attempt “to exacerbate this natural reaction by making any emotive appeal to the jury is likely to be highly prejudicial.” (quotation marks omitted); rev. denied (Minn. Sept.
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State of Minnesota v. Kenneth Gale Lanham
Minn. Ct. App. 2024
14, 1994), rev. denied (Minn. Sept.
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Bryan Morgan Holl v. State of Minnesota
Minn. Ct. App. 2024
-49 (Minn. App. 2008), the state did not need to prove specific dates, so long as it proved the abuse occurred within a reasonable amount of time.
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State of Minnesota v. Gregory Ivan Shines
Minn. Ct. App. 2024
at 358 (noting two distinct defenses to the separate allegations of controlled-substance possession); (concluding that the district court was not required to provide a unanimity instruction where appellant’s defense to multiple charges of criminal sexual conduct stemming from dozens of acts was consistent across all the acts), rev. denied (Minn. Sept.
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State of Minnesota v. Anthony N. Poyirier
Minn. Ct. App. 2024
As such, “specific dates need not be proved in cases charging criminal sexual conduct over an extended period of time.” rev. denied (Minn. Sept.
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State of Minnesota v. Casimiro Sosa Saavedra
Minn. Ct. App. 2024
In State v. Rucker, we concluded that “specific dates need not be proved in cases charging criminal sexual conduct over an extended period of time.” rev. denied (Minn. Sept.
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State of Minnesota v. Tracey Dee Keyes
Minn. Ct. App. 2024
See State v. Rucker , d 538, 548 (Minn. App. 2008) (noting that the defendant did not present separate defen ses for each incident of alleged sexual abuse, rather he maintained that the abuse did not occur), rev. denied (Minn. Sept.
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State of Minnesota v. Joseph William Curtis
Minn. Ct. App. 2024
“[T]he circumstances in which a person is in a position of authority are not limited to the examples of ‘position of authority’” in that definition, and “[t]his court has held that ‘position of authority’ is broadly defined under 14 this statute.” (quotation omitted), rev. denied (Minn. Sept.
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State of Minnesota v. Mitchell Gary Johannessohn
Minn. Ct. App. 2024
d 538 (Minn. App. 2008), rev. denied (Minn. Sept.
- State of Minnesota v. Michael Adam Davis Minn. Ct. App. 2024
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State of Minnesota v. Michael Adam Davis
Minn. Ct. App. 2024
“[T]he circumstances in which a person is in a position of authority are not limited to the examples of ‘position of authority’ described in section 609.341, subdivision 10.” rev. denied (Minn. Sept.
- State of Minnesota v. Raymont Michael Redmond Minn. Ct. App. 2024
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State of Minnesota v. Raymont Michael Redmond
Minn. Ct. App. 2024
rev. denied (Minn. Sept.
- State of Minnesota v. Devon Griffin Seivers Minn. Ct. App. 2024
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State of Minnesota v. Devon Griffin Seivers
Minn. Ct. App. 2024
14, 1994); rev. denied (Minn. Sept.
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In the Matter of the Welfare of: G. V. G., Child
Minn. Ct. App. 2023
” State v. Rucker , rev. denied (Minn. Sept.
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State of Minnesota v. Jeremiah John Dahl
Minn. Ct. App. 2023
14, 1994); d 538, 547 (Minn. App. 2008) (holding that “a child can be ‘found’ in the county where the child resided either when the abuse occurred or when the abuse was discove red”), rev. denied (Minn. Sept.
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State of Minnesota v. Kyle Allen Mueller
Minn. Ct. App. 2023
d 3, 4 (Minn. 1980) (uncle cared for his niece); (defendant co-facilitated an after-school program that the victim attended), rev. denied (Minn. Sept.
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State of Minnesota v. Matthew Douglas Paulson
Minn. Ct. App. 2023
14, 1994); (holding that for the purpose of establishing venue in the limited area of child abuse, a child can be “found” in the county where the child resided either when the abuse occurred or when the abuse was discovered), rev. denied (Minn. Sept.
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State of Minnesota v. David James Whitebird, Jr.
Minn. Ct. App. 2023
20, 1988) (same); -49 (Minn. App. 2008) (holding jury verdict was not unfair when there was insufficient evidence of some alleged acts and the charged crime did not entitle defendant to know the specifically alleged acts for which he was convicted), rev. denied (Minn. Sept.
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State of Minnesota v. Michael Douglas Capshaw
Minn. Ct. App. 2022
Prosecutorial error is plain if it is “clear or obvious.” rev. denied (Minn. Sept.
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State of Minnesota v. Corrie Raeann Thompson
Minn. Ct. App. 2022
But “[p]rosecutors are permitted to make reasonable inferences from evidence on the record, to analyze or explain the evidence, and to make legitimate arguments to the jury based on the evidence.” rev. denied (Minn. Sept.
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State of Minnesota v. Leonte Laray High Town
Minn. Ct. App. 2022
A prosecutor’s argument that complainants testified to “the truth” with “frankness and [] sincerity” was not impermissible vouching because these statements “were used in the context of reviewing the evidence and urging the jury to find [the complainants] credible.” -53 (Minn. App. 2008), rev. denied (Minn. 8 Sept.
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State of Minnesota v. Steven John Moore
Minn. Ct. App. 2022
rev. denied (Minn. Sept.
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State of Minnesota v. John Edward Juneau
Minn. Ct. App. 2022
A prosecutor is permitted “to present to the jury all legitimate arguments on the evidence” and “to present all proper inferences to be drawn therefrom.” - 53 (Minn. App. 2008), rev. denied (Minn. Sept.
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Eric John Henderson-Bey v. State of Minnesota
Minn. Ct. App. 2022
rev. denied (Minn. Sept.
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State of Minnesota v. Jose Juan Garcia Rivera
Minn. Ct. App. 2021
548 (Minn. A pp. 2008), review denied (Minn. Sept.
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State of Minnesota v. Abdihakim Mohamed Isse
Minn. Ct. App. 2021
“[T]he circumstances in which a person is in a position of authority are not limited to the examples of ‘position of authority’ described in section 609.341, subdivision 10.” review denied (Minn. Sept.
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State of Minnesota v. Milo Calvin Ojohn
Minn. Ct. App. 2021
d 538, 547-49 (Minn. App. 2008) (affirming co nvictions of first-degree and second-degree 9 criminal sexual conduct with respect to each of two different victims), review denied (Minn. Sept.
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State of Minnesota v. Tywan Rulford
Minn. Ct. App. 2021
(distinguishing case from Stempf because, among other things, appellant did not present separate defenses and “simply maintained throughout his trial that he [did not commit the crime]”), review denied (Minn. Sept.
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State of Minnesota v. Dominic Andre Rundles
Minn. Ct. App. 2021
” State v. Rucker , , 552 (Minn. App. 2008) (quotation omitted), review denied (Minn. Sept.
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State of Minnesota v. Paul Andrew Youngstedt
Minn. Ct. App. 2020
“The court looks at the closing argument as a whole when c onsidering claims of prosecutorial misconduct.” State v. Rucker , review denied (Minn. Sept.
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State of Minnesota v. Arthur Rafie Mullins
Minn. Ct. App. 2020
We have previously held that “for the purpose of establishing venue in the limited area of child-abuse, a child can be ‘found’ in the co unty where the child resided either when the abuse occurred or when the abuse was discovered.”
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State of Minnesota v. Richard Lanell Adams
Minn. Ct. App. 2020
“But a jury need not agree unanimously with respect to the alternative means or ways in which a crime can be committed.” State v. Rucker , review denied (Minn. Sept.
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State of Minnesota v. Abner Otwoma Momanyi
Minn. Ct. App. 2020
In sexual abuse cases in particular, prosecutors “must abide by the highest behavior.” review denied (Minn. Sept.
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State of Minnesota v. Lawrence Bernard Nowels
Minn. Ct. App. 2020
“But prosecutors are not prohibited from arguing that certain witnesses are believable.” State v. Rucker , review denied (Minn. Sept.
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State of Minnesota v. Nathan Anthony Janish
Minn. Ct. App. 2019
State v. Rucker , -48 (Minn. App. 2008) (“Generally, sp ecific dates need not be prove d in cases charging criminal sexual conduct over an extended period of time.”), review denied (Minn. Sept.
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State of Minnesota v. Charles Earl Strother
Minn. Ct. App. 2019
“A prosecutor is not required to make a colorless closing argument.” review denied (Minn. Sept.
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State of Minnesota v. Clarence Alvin Cooper
Minn. Ct. App. 2019
(stating that evidence of prior criminal - sexual-conduct conviction was probat ive to the criminal -sexual-conduct victims’ credibility when their conduct “may have called into question their credibility, weakening the state’s case”), review denied (Minn. Sept.