Cited by
Opinions in Minnesota that cite State v. McDaniel, 777 N.W.2d 739.
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State of Minnesota v. Darrius Lamar Plummer
Minn. Ct. App. 2026
See State v. McDaniel , (stating misstatement of burden of proof is “highly improper” and prosecutorial misconduct).
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State of Minnesota v. Jorge Luis Sandoval
Minn. Ct. App. 2026
A prosecutor improperly shifts the burden of proof “when they imply that a defendant has the burden of proving his innocence.” (quotation omitted).
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State of Minnesota v. Lebert Clair McDowell
Minn. Ct. App. 2026
A prosecutor improperly shifts the burden of proof “when they imply that a defendant has the burden of proving his innocence.” (quotation omitted).
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State of Minnesota v. Tony Dean Boos
Minn. Ct. App. 2026
Minnesota appellate courts have found “prejudicial prosecutorial misconduct only in extreme circumstances[.]”
- State of Minnesota v. Casey Love Minn. Ct. App. 2026
- State of Minnesota v. Dru Alexander Barrow Minn. Ct. App. 2026
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State of Minnesota v. Edward Alexander Cox
Minn. Ct. App. 2026
However, “courts must look at the closing argument as a whole, rather than just selective phrases or remarks that may be taken out of context or given undue prominence to determine whether reversible error has occurred.” (quotation omitted).
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State of Minnesota v. Andy Ralph Garbow
Minn. Ct. App. 2026
Garbow also failed to establish that any misconduct “likely played a substantial part in influencing the jury to convict.” (noting harmless error standard for objected-to, but less-serious, allegations of 21 prosecutorial misconduct).
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State of Minnesota v. Albert William Brown
Minn. Ct. App. 2025
d 739, 750 (Minn. 2010) (quotation omitted); , 122 (Minn. 2009)
- State of Minnesota v. Travis Joel Bauer Minn. Ct. App. 2025
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State of Minnesota v. Ahmed Mohamed Hassan
Minn. Ct. App. 2025
For example, he points to cases involving threats to potential witnesses, -83 (Minn. 2006), pre-arrest flight from officers, -47 (Minn. 2010), and intentional destruction of a crime scene, Roy, d at 171.
- Edward Lee Jones v. State of Minnesota Minn. Ct. App. 2025
- Edward Lee Jones v. State of Minnesota Minn. Ct. App. 2025
- State of Minnesota v. Jamie Alden Godbout Minn. Ct. App. 2025
- State of Minnesota v. Mylene Vialard Minn. Ct. App. 2025
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State of Minnesota v. Victor Zuniga Gonzalez
Minn. Ct. App. 2025
However, “a prosecutor’s comment on the lack of evidence supporting a defense theory does not improperly shift the burden,” and a prosecutor “may argue that particular witnesses were or were not credible,”
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State of Minnesota v. Freddrick Lee Johnson
Minn. Ct. App. 2025
If “the case involves less serious prosecutorial misconduct,” we will reverse and remand for a new trial if “the misconduct likely played a substantial part in influencing the jury to convict.” (quotation omitted).
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State of Minnesota v. Harold Ladell Williams
Minn. Ct. App. 2025
A prosecutor improperly shifts the burden of proof “when they imply that a defendant has the burden of proving his innocence.”
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State of Minnesota v. Thomas James Horton, Jr.
Minn. Ct. App. 2024
” (quotation omitted); -32 (Minn. App. 2003).
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State of Minnesota v. Jaime Rodrigo Guairacaja Chafl
Minn. Ct. App. 2024
Appellate courts must first determine “whether or not there was an objection at trial to the claimed misconduct.” -94 (Minn. 2007) (determining that “the prosecutor’s conduct was improper” and applying a harmless-error analysis).
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State of Minnesota v. Olabamidele Olumide Bewaji
Minn. Ct. App. 2024
A prosecutor improperly shifts the burden of proof “when they imply that a defendant has the burden of proving his innocence.”
- State of Minnesota v. Jamie Sara Schmeichel Minn. Ct. App. 2024
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In the Matter of the Welfare of: R. A. C., Child
Minn. Ct. App. 2024
(questioning whether this two-tiered approach is still good law, while declining to decide the question); Carridine, d at 146 (same).
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State of Minnesota v. Aaron Joseph Shea
Minn. Ct. App. 2024
Comments that misstate or dilute the state’s burden of proof are “highly improper and constitute[] prosecutorial misconduct.” (quotation omitted).
- State of Minnesota v. Robert Lester Caldwell, Jr. Minn. Ct. App. 2024
- State of Minnesota v. Jeremy Jermaine Chamberlain Minn. Ct. App. 2024
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State of Minnesota v. Jeremy Jermaine Chamberlain
Minn. Ct. App. 2024
But comments that misstate or dilute the state’s burden of proof are “highly improper and constitute[] prosecutorial misconduct.” State v. 8 McDaniel, (quotation omitted).
- State of Minnesota v. Kevin Lee Anthony Minn. Ct. App. 2024
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State of Minnesota v. Kevin Lee Anthony
Minn. Ct. App. 2024
A prosecutor engages in misconduct by violating established standards of conduct or caselaw, and “[o]ur standard of review depends on whether or not there was an objection at trial to the claimed misconduct,” d 739, 749 (Minn. 2010).
- State of Minnesota v. Marcus Allen Reynolds Minn. Ct. App. 2024
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State of Minnesota v. Marcus Allen Reynolds
Minn. Ct. App. 2024
–53 (Minn. 2010) (concluding that “misconduct did not play ‘a substantial part in influencing the jury to convict’” when “[t]here was ample evidence that supported McDaniel’s conviction for aiding and abetting first-degree premeditated murder, and the misconduct was sporadic, minimal, and rectified by the cour
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
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State of Minnesota v. Robert Wilford Fields, III
Minn. Ct. App. 2024
And comments that address a central issue in a case are permissible when the comment “merely summariz[es] the key issue that would impact the jury’s determination of g uilt.”
- State of Minnesota v. Curtis Allen Doll Minn. Ct. App. 2024
- State of Minnesota v. Cody Shawn Ash Minn. Ct. App. 2024
- A21-0583 State of Minnesota v. Larry Joe Foster, A21-0070, Court of Appeals Nonprecedential, ... Minn. Ct. App. 2024
- A21-0583 State of Minnesota v. Larry Joe Foster, A21-0070, Court of Appeals Nonprecedential, ... Minn. Ct. App. 2024
- State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
- State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
- State of Minnesota v. Sarah Jean Solien Minn. Ct. App. 2023
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State of Minnesota v. Kristopher Daniel Schwabe
Minn. Ct. App. 2023
To do so “is highly improper and constitutes prosecutorial misconduct.” (quotation omitted).
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State of Minnesota v. Arlando Demtrious Brown
Minn. Ct. App. 2023
Comments that misstate or dilute the state’s burden of proof are “highly improper and constitute[] prosecutorial misconduct.” (quotation omitted).
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State of Minnesota v. Edbin Jose Coreas
Minn. Ct. App. 2023
To meet this burden, the state must show that there is no “reasonable likelihood that the error actually 17 impacted the verdict.”
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State of Minnesota v. Abdirahim Ahmed Hassan
Minn. Ct. App. 2023
(noting two-tiered harmless-error test for objected-to prosecutorial misconduct and declining to decide if two-tiered approach remains valid).
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State of Minnesota v. Alexander James Mueller
Minn. Ct. App. 2023
C. Shifting the Burden of Proof A misstatement of the burden of proof is “highly improper and constitutes prosecutorial misconduct.” (quotation omitted).
- State of Minnesota v. Derek Michael Chauvin Minn. Ct. App. 2023
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State of Minnesota v. Antonio Albert Schally
Minn. Ct. App. 2023
If the prosecutor shifted the burden of proof, it is “highly improper and constitutes prosecutorial misconduct.” (quotation omitted).
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State of Minnesota v. Mark Scott Hendrickson
Minn. Ct. App. 2023
The misconduct affected substantial rights if there is “a reasonable likelihood that the error actually impacted the verdict.”
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State of Minnesota v. Richard James Graf
Minn. Ct. App. 2023
To demonstrate that the misconduct did not affect substantial rights, the state must show that there is not “a reasonable likelihood that the error actually impacted the verdict.”