Cited by
Opinions in Minnesota that cite State v. Yang, 774 N.W.2d 539.
- Hunter v. Anchor Bank, N.A. 842 N.W.2d 10 Minn. Ct. App. 2013
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Hunter v. Anchor Bank, N.A.
842 N.W.2d 10
Minn. Ct. App. 2013
717 n. 2 (Minn.App.1990), review denied (Minn. Sept.
- Frisch v. State 840 N.W.2d 426 Minn. Ct. App. 2013
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Frisch v. State
840 N.W.2d 426
Minn. Ct. App. 2013
A similar procedural bar applies to second and successive postconviction petitions: “matters raised or known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief.” (applying Knaffla and Powers to district court’s decision to treat motion to amend postconviction petition as second postconviction petition).
- State v. Turrubiates 830 N.W.2d 173 Minn. Ct. App. 2013
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State v. Turrubiates
830 N.W.2d 173
Minn. Ct. App. 2013
“As a general rule, a defendant’s remorse bears only on a decision whether or not to depart dispositionally, not on a decision to depart durationally....” (quotation omitted).
- State v. Craig 826 N.W.2d 789 Minn. 2013
- State v. Craig 826 N.W.2d 789 Minn. 2013
- State v. Beecroft 813 N.W.2d 814 Minn. 2012
- Daly v. McFarland 812 N.W.2d 113 Minn. 2012
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Daly v. McFarland
812 N.W.2d 113
Minn. 2012
“A party is entitled to a specific jury instruction if evidence exists at trial to support the instruction.”
- State v. Ortega 813 N.W.2d 86 Minn. 2012
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State v. Ortega
813 N.W.2d 86
Minn. 2012
We consider “three categories of evidence relevant to an inference of premeditation: planning activity, motive, and the nature of the killing.”
- State v. Kuhlmann 806 N.W.2d 844 Minn. 2011
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State v. Kuhlmann
806 N.W.2d 844
Minn. 2011
See, (holding that defense counsel’s failure to submit written closing argument, as defense counsel and the State had agreed to do, was not structural error); , 251 n. 6 (Minn.2010) (holding that error in continuing trial in the defendant’s absence was not structural error); (holding that correcting jury instructions while the district court was reading the instructions to the jury was not structural error); , 302 n. 4 (Minn.2008) (noting that the denial of the right to peremptorily remove a jud
- State v. Nelson 806 N.W.2d 558 Minn. Ct. App. 2011
- State v. Nelson 806 N.W.2d 558 Minn. Ct. App. 2011
- State v. Palmer 803 N.W.2d 727 Minn. 2011
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State v. Palmer
803 N.W.2d 727
Minn. 2011
(concluding that an argument in an alley and a physical fight “provided strong evidence of motive”).
- State v. Swinger 800 N.W.2d 833 Minn. Ct. App. 2011
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State v. Swinger
800 N.W.2d 833
Minn. Ct. App. 2011
See, (rejecting argument that erroneous jury instruction constitutes structural error and noting that harmless-error analysis applies to erroneous jury instructions); -59 (Minn.2001) (analyzing whether an erroneous jury instruction was harmless).
- State v. Nissalke 801 N.W.2d 82 Minn. 2011
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State v. Nissalke
801 N.W.2d 82
Minn. 2011
To demonstrate that he did not receive effective assistance of counsel, Nissalke “must show that (1) his counsel’s performance fell below an objective standard of reasonableness, and (2) that a reasonable probability exists that, but for his counsel’s unprofessional errors, the result of the proceedings would have been different.” -65 (Minn.2009); see also Strickland v. Washington, 466 U.S. 668, 687-88 , 104 S.Ct.
- State v. Petersen 799 N.W.2d 653 Minn. Ct. App. 2011
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State v. Petersen
799 N.W.2d 653
Minn. Ct. App. 2011
(finding that because appellant had raised an issue for the first time in his reply brief and the state did not address the issue in its brief, the issue “was not proper subject matter for appellant’s reply brief’ and was thus waived and stricken).
- Paquin v. MacK 788 N.W.2d 899 Minn. 2010
- Paquin v. MacK 788 N.W.2d 899 Minn. 2010
- State v. Bauer 776 N.W.2d 462 Minn. Ct. App. 2009
- State v. Bauer 776 N.W.2d 462 Minn. Ct. App. 2009
- State v. Vang 774 N.W.2d 566 Minn. 2009
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State v. Vang
774 N.W.2d 566
Minn. 2009
We note that we have decided a separate appeal arising from this incident, State v. Yang, Case Nos. N.W.2d 539 (Minn. Oct.