Cited by
Opinions in Minnesota that cite State v. Caldwell, 803 N.W.2d 373.
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State of Minnesota v. Vincent Illya Cotten
Minn. Ct. App. 2019
In State v. Caldwell , Caldwell alleged that his cou nsel was ineffective because counsel failed to use voir dire effectively, alleging “[defense ] counsel’s questioning of prospective jurors was perfunctory.”
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State of Minnesota v. Joshua John Blanchard
Minn. Ct. App. 2018
We must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. Kenny Lashaun Robertson
Minn. Ct. App. 2018
that he had come across the firearm and this “strongly suggest[ed] he wanted the gun to remain in the home.” 4 Caldwell, ().
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State of Minnesota v. Nadia Martynyuk
Minn. Ct. App. 2018
(“[T]he acquittal of a principal does not bar conviction of a defendant for aiding and abetting .
- State of Minnesota v. Elijah Rashad Jackson Minn. Ct. App. 2018
- Getz v. Peace 918 N.W.2d 233 Minn. Ct. App. 2018
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Getz v. Peace
918 N.W.2d 233
Minn. Ct. App. 2018
See State v. Caldwell , , 382 (Minn. 2011) ("We will not supply words that the Legislature either purposely omitted or inadvertently left out.").
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State of Minnesota v. Bryce Monroe Muir
Minn. Ct. App. 2018
At this stage in the analysis, we assume that the court, acting as fact -finder, “believed the state’s witnesses and disbelieved any evidence to the contrary.” State v. Caldwell , (quotation omitted).
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State of Minnesota v. Deshawn Nairfe Jones
Minn. Ct. App. 2018
We assume that “the jury believed the state’s w itnesses and disbelieved any evidence to the contrary.” State v. Caldwell , (quotation omitted).
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State of Minnesota v. Humberto Acevedo, Jr.
Minn. Ct. App. 2018
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” d 373, 384 (Minn. 2011) (quotation omitted).
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State of Minnesota v. Angel Obidio Calix
Minn. Ct. App. 2018
We assume that “t he jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. Donavon Allen St. Claire
Minn. Ct. App. 2018
We assume that “the jury believed the state ’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. Antonio Odall Lewis
Minn. Ct. App. 2018
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- State v. Bowen 910 N.W.2d 39 Minn. Ct. App. 2018
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State v. Bowen
910 N.W.2d 39
Minn. Ct. App. 2018
State v. Caldwell , , 384 (Minn. 2011) (quotation omitted).
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State of Minnesota v. Mark Robert Miles
Minn. Ct. App. 2018
We assume the fact-finder “believed the state’s witnesses and disbelieved a ny evidence to the contrary.” State v. Caldwell , (quotation omitted).
- State v. Longo 909 N.W.2d 599 Minn. Ct. App. 2018
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State v. Longo
909 N.W.2d 599
Minn. Ct. App. 2018
State v. Caldwell , , 384 (Minn. 2011) (quotation omitted).
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In the Matter of the Welfare of the Child of: L. M. W. and H. E. P., Parents
Minn. Ct. App. 2018
See, (holding no ineffective assistance of counsel based on the claim that trial counsel “consulted with [defendant] only three times”).
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State of Minnesota v. Noe Hugo Toscano
Minn. Ct. App. 2018
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. David Paul Peterson
Minn. Ct. App. 2018
We assume that “the jury believed the state’ s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. James Willard Murray
Minn. Ct. App. 2017
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- James Michael McConnell, et al v. Blue Earth County, et al Minn. Ct. App. 2017
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State of Minnesota v. Mykhailo Starodubtsev
Minn. Ct. App. 2017
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. Kyle Matthew Thomas
Minn. Ct. App. 2017
We assume that “the jury believed the state ’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. Gatwech Yiek Thach
Minn. Ct. App. 2017
(stating that this court presumes that jury believed state witnesses and disbelieved contrary evidence).
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State of Minnesota v. Devante Lemuel Johnson
Minn. Ct. App. 2017
We assume that “the jury believed the state’s w itnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- State v. Christensen 901 N.W.2d 648 Minn. Ct. App. 2017
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State v. Christensen
901 N.W.2d 648
Minn. Ct. App. 2017
Expressio unius generally reflects an inference that any omissions in a statute are intentional.” (citations omitted); see, e.g., Staab v. Diocese of St.
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State of Minnesota v. David Arthur Christensen
Minn. Ct. App. 2017
” (citations omitted); see, e.g., Staab v. Diocese of St.
- State v. Smith 899 N.W.2d 120 Minn. 2017
- State v. Smith 899 N.W.2d 120 Minn. 2017
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State of Minnesota v. Michael Robert Weldon
Minn. Ct. App. 2017
at 121 (quoting State v. Caldwell , (citing Apprendi v. New Jersey, 530 U.S. 466, 477, 120 S. Ct. 2348, 2356 (2000), and In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068, 1072 (1970))).
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State of Minnesota v. Timothy Funches
Minn. Ct. App. 2017
We assume that “the jury believed the state’s witnesses an d disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. James Richard Jerome Cochran
Minn. Ct. App. 2017
A reviewing court must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” d 373, 384 (Minn. 2011).
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State of Minnesota v. Paul Lawrence Wright
Minn. Ct. App. 2017
We 4 must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- State v. Boecker 893 N.W.2d 348 Minn. 2017
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State v. Boecker
893 N.W.2d 348
Minn. 2017
.The dissent also asserts that our interpretation conflicts with the canon “expressio unius est exclusio alterius," meaning “the expression of one thing is the exclusion of another.”
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State of Minnesota v. Douglas Frederick Gratz
Minn. Ct. App. 2017
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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State of Minnesota v. Daniel Patrick McShane
Minn. Ct. App. 2017
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
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John Patrick Murphy v. State of Minnesota
Minn. Ct. App. 2017
Allegations in a postconviction petition must be “more than argumentative assertions without factual support.” (quotation omitted).
- State of Minnesota v. Renard Rucker Minn. Ct. App. 2017
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State of Minnesota v. Renard Rucker
Minn. Ct. App. 2017
A reviewing court must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- Jetaun Helen Wheeler v. State of Minnesota 889 N.W.2d 807 Minn. Ct. App. 2017
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Jetaun Helen Wheeler v. State of Minnesota
889 N.W.2d 807
Minn. Ct. App. 2017
A petitioner for postconviction relief is entitled to an evidentiary hearing when “material facts are in dispute that must be resolved in order to determine the issues raised on the merits.” (quotation omitted).
- State of Minnesota v. Corey James Fordham Minn. Ct. App. 2017
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State of Minnesota v. Corey James Fordham
Minn. Ct. App. 2017
4 Our review “is limited to a painstaking analysis of the record to determine whether the evidence, when viewed in the light most favorable to the verdict, is sufficient to allow the jurors to reach the verdict that they did.”
- State of Minnesota v. Brandon Richard Blegen Minn. Ct. App. 2016
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State of Minnesota v. Brandon Richard Blegen
Minn. Ct. App. 2016
Allegations in a postconviction petition must be “more than argumentative assertions without factual support.” (quotation omitted).
- State of Minnesota v. Michael David Kochevar Minn. Ct. App. 2016