Cited by
Opinions in Minnesota that cite State v. Graham, 764 N.W.2d 340.
-
State of Minnesota v. Terence Duane Maurstad
Minn. Ct. App. 2026
See, (holding inadmissible officer’s written summary of interview with witness because, although witness “was asked whether he recalled” it, witness had no “opportunity to admit, deny, or explain specific statements” in summary); Webster, d at 787 (providing that error is plain if it “contrave
-
In the Matter of the Welfare of: S. W. A., Child.
Minn. Ct. App. 2026
“Reversal is warranted only when the ruling result[s] in prejudice.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2026
“When assessing alleged prosecutorial misconduct during a closing argument, we look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2026
The witness “must also be given the opportunity to admit, deny, or explain the inconsistency in order for the statement to be admissible to impeach the witness.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota v. Larry Joe Foster Minn. 2025
-
State of Minnesota v. Larry Joe Foster
Minn. 2025
does not permit a defendant to compel a prospective witness to waive her Fifth Amendment privilege against self-incrimination.” (citing Moose, d at 525).
- State of Minnesota v. Marcus Allen Reynolds Minn. Ct. App. 2024
-
State of Minnesota v. Marcus Allen Reynolds
Minn. Ct. App. 2024
“If [an appellate court] conclude[s] that the State committed prosecutorial misconduct, [the appellate court] will grant a new trial when the misconduct impaired the defendant’s right to a fair trial.” (quotation omitted).
- State of Minnesota v. Christopher Path Minn. Ct. App. 2024
-
State of Minnesota v. Christopher Path
Minn. Ct. App. 2024
If an evidentiary ruling “results in the erroneous exclusion of defense evidence in violation of the defendant’s constitutional rights, the verdict must be reversed if there is a reasonable possibility that the verdict might have been different if the evidence had been admitted.” (quotation omitted).
- State of Minnesota v. Reginald Scott Hubbard Minn. Ct. App. 2024
-
State of Minnesota v. Reginald Scott Hubbard
Minn. Ct. App. 2024
ds that the prosecutor “signaled to the jury that it could disregard anything about [appellant’s] testimony that did not immediately make sense to them.” 6 “When assessing alleged prosecutorial misconduct during a closing argument, we look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
- State of Minnesota v. Curtis Dwayne Thurston Minn. Ct. App. 2023
-
State of Minnesota v. Curtis Dwayne Thurston
Minn. Ct. App. 2023
6 “When assessing alleged prosecutorial misconduct during a closing argument, we look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
-
State of Minnesota, Respondent,
Minn. Ct. App. 2023
“When assessing alleged prosecutorial misconduct during a closing argument, [appellate courts] look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2023
“When assessing alleged prosecutorial misconduct during a closing argument, we look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
-
State of Minnesota, Respondent,
Minn. Ct. App. 2023
d 340, 356 (Minn. 2009) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
remains to be decided .” n.2 (Minn. 2008); d 297, 304 n.2 (Minn. 2016) ( listing cases questioning whether the two -tiered standard “remains viable”); State v. Graham , (noting that the Minnesota Supreme Court has “yet to decide whether the two-tiered approach for objected- to prosecutorial misconduct as set forth in State v. Caron remains viable”).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
When a district court’s evidentiary ruling results in the erroneous exclusion of defense evidence in violation of the 5 defendant’s constitutional right to present a complete defense, the verdict must be reversed if “there is a reasonable possibility that the verdict might have been different if the evidence had been admitted.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
remains to be decided ,” n.2 (Minn. 2008) ; n.2 (Minn. 2016) (noting that many “cases ha ve questioned whether the two- tiered Caron standard for reviewing objected-to misconduct remains viable,” and listing cases); (noting that the Minnesota Supreme Court has “yet to decide whether the two -tiered approach for objected -to prosecutorial misconduct as set forth in State v. Caron remains viable”).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
remains to be decided.” n.2 (Minn. 2008); n.2 (Minn. 2016) (noting that “[r]ecent cases have questioned whether the two-tiered Caron standard for reviewing objected-to misconduct remains viable,” and listing cases); (noting that the Minnesota Supreme Court has “yet to decide whether the two-tiered approach for objected-to prosecutorial misconduct as set forth in State v. Caron remains viable”).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
A district court does not abuse its discretion by excluding impeachment evidence if its exclusion is harmless error, meaning that there is no “reasonable possibility that the verdict might have been different if the evidence had been admitted.” State v. Graham , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
The witness “must also be given the opportunity to ‘admit, deny, or explain the inconsistency in order for the statement to be admissible to impeach the witness.’” (quoting State v. Martin , ); see also Carroll v. Pratt , 5 (holding that “it is usually necessary to lay a proper foundation first on the cross-examination of the witness to be impeached by asking him [or her] whether he [or she]
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
While the prosecutor is given considerable latitude in closing arguments and need not make a colorless argument, the state may not “belittle the defense, either in abstract or by suggesting the defendan t raised the defense because it was the only defense that may be successful.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
buse of discretion, State v. Anderson , where the district court’s evidentiary ruling results in the erroneous exclusion of defense evidence in violation of the defendant’s constitutional rights, the verdict must be reversed if “there is a reasonable possibility that the verdict might have been differe nt if the evidence had been admitted.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
The prosecutor is an officer of the court who must balance advocacy for the state’s position with an “obligation to achieve justice and fair adjudication .” ; see also State v. Graham , (stating that “a prosecutor must be more than just an advocate for” the state).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
Accordingly, “when the ruling results in the erroneous exclusion of defense evidence in violation of the defendant’s constitutional rights, the verdict must be reversed if ‘there is a reasonable possibility that the verdict might have been different if the evidence had been admitted.’” ().
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
When evaluating a prosecutor’s closing remarks, this court examines “the closing argument as a whole, rather than selected 5 phrases and remarks.” State v. Graham , (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
“The [s]tate has a right to vigorously argue its case and it can argue that the evidence does not support particular defenses.” State v. Graham , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
When the district court’s evidentia ry ruling “results in the erroneous exclusion of defense evidence in violation of the defendant’s constitutional rights, the verdict must be reversed if “there is a reasonable possibility that th e verdict might have be en different if the ‘evidence had been admitted.’” State v. Graham , (quoting State v. Post , ).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
When assessing prosecutorial misconduct during a closing argument, we “look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
When reviewing a closing argume nt for prosecutorial misconduct, this court “look[s] to the closing argument as a whole, rather than to selected phrases and remarks.” State v. Graham , (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
In reviewing allegations of prosecutorial miscond uct during a closing argument, “we look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
- In the Matter of the Welfare of: D. A. H., Child. Minn. Ct. App. 2017
- State v. Ivy 902 N.W.2d 652 Minn. Ct. App. 2017
-
State v. Ivy
902 N.W.2d 652
Minn. Ct. App. 2017
When assessing alleged prosecutorial misconduct during a closing argument, we look to “the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
We assess alleged prosecutorial misconduct during a closing argument by “look[ing] to the 7 closing argument as a whole, rather than to selected phrases and remarks.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
3 D E C I S I O N I. “[Appellate courts] review a district court’ s evidentiary rulings for abuse of discretion.”