Cited by
Opinions in Minnesota that cite State v. Caldwell, 803 N.W.2d 373.
- Joel Marvin Munt v. State of Minnesota 880 N.W.2d 379 Minn. 2016
- Joel Marvin Munt v. State of Minnesota 880 N.W.2d 379 Minn. 2016
- State of Minnesota v. James Lamar Davis Minn. Ct. App. 2016
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State of Minnesota v. James Lamar Davis
Minn. Ct. App. 2016
384 (Minn. 2011) (raising no concern with benefit-of-a-gang conviction when victim was bystander).
- Scott Peterson, Roger Smith v. City of Minneapolis, Minnesota 878 N.W.2d 521 Minn. Ct. App. 2016
- Scott Peterson, Roger Smith v. City of Minneapolis, Minnesota 878 N.W.2d 521 Minn. Ct. App. 2016
- State of Minnesota v. Paula Jean Yackel Minn. Ct. App. 2016
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State of Minnesota v. Paula Jean Yackel
Minn. Ct. App. 2016
“We must assume the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- State of Minnesota v. Larry Leo Geleneau, Jr. 873 N.W.2d 373 Minn. Ct. App. 2015
- State of Minnesota v. Pierre Scott Glass Minn. Ct. App. 2015
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State of Minnesota v. Larry Leo Geleneau, Jr.
873 N.W.2d 373
Minn. Ct. App. 2015
-87 (Minn. 2011) (concluding that appellant failed to rebut presumption that trial counsel’s performance was reasonable during voir dire because trial counsel was well prepared, asked questions of prospective jurors, and challenged several jurors for cause).
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State of Minnesota v. Pierre Scott Glass
Minn. Ct. App. 2015
See, d 373, 377, 390 (Minn. 2011) (affirming conviction of aiding and abetting first-degree premeditated murder for the benefit of a gang based on transferred intent).
- Terry Lynn Olson v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Forrest Grant Noggle Minn. Ct. App. 2015
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State of Minnesota v. Forrest Grant Noggle
Minn. Ct. App. 2015
“The doctrine expressio unius est exclusio alterius means that the expression of one thing is the exclusion of another.”
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Terry Lynn Olson v. State of Minnesota
Minn. Ct. App. 2015
(stating that “limited trial preparation” does not establish inadequate representation; the focus is on the adversarial process not the defendant’s assessment of counsel’s preparation).
- State of Minnesota, by its Commissioner of Transportation v. Robert P. Carlson, North Shore Federal Credit Union, Below. Minn. Ct. App. 2015
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State of Minnesota, by its Commissioner of Transportation v. Robert P. Carlson, North Shore Federal Credit Union, Below.
Minn. Ct. App. 2015
(“The doctrine expressio unius est exclusio alterius means that the expression of one thing is the exclusion of another.
- State of Minnesota v. Jose Manuel Ortiz Minn. Ct. App. 2015
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State of Minnesota v. Jose Manuel Ortiz
Minn. Ct. App. 2015
(concluding that allegation that trial counsel met with him only twice before trial was simply an argumentative assertion with no factual support and no showing as to how it constituted ineffective assistance of counsel).
- State of Minnesota v. Brian J. Machacek Minn. Ct. App. 2015
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State of Minnesota v. Brian J. Machacek
Minn. Ct. App. 2015
should be on the adversarial process rather than the defendant’s assessment of his lawyer’s preparation.” (quotation omitted).
- State of Minnesota v. Dane Joseph Riley Minn. Ct. App. 2015
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State of Minnesota v. Dane Joseph Riley
Minn. Ct. App. 2015
To establish an ineffective-assistance claim, a defendant “must show that (1) counsel’s performance fell below an objective standard of reasonableness, and (2) that a reasonable probability exists that the outcome would have been different but for counsel’s errors.”
- Bradley Tipka, Relator v. Lincoln International Charter School 864 N.W.2d 371 Minn. Ct. App. 2015
- Bradley Tipka, Relator v. Lincoln International Charter School 864 N.W.2d 371 Minn. Ct. App. 2015
- State of Minnesota v. Peter William Warren Minn. Ct. App. 2015
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State of Minnesota v. Peter William Warren
Minn. Ct. App. 2015
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the 4 contrary.” (quotation omitted).
- In the Matter of Xcel's Request to Issue Renewable Development Fund Cycle 4 Requests for Proposals and Petition … Minn. Ct. App. 2015
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In the Matter of Xcel's Request to Issue Renewable Development Fund Cycle 4 Requests for Proposals and Petition …
Minn. Ct. App. 2015
7 The canon of statutory construction, expressio unius est exclusio alterius, means that “the expression of one thing is the exclusion of another.”
- State of Minnesota v. Brian Kenneth Moore 863 N.W.2d 111 Minn. Ct. App. 2015
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State of Minnesota v. Brian Kenneth Moore
863 N.W.2d 111
Minn. Ct. App. 2015
Such an outcome would be inconsistent with a defendant’s right to “a jury determination that he is guilty of every element of the crime with which he is charged.” (citing Apprendi v. New Jersey, 530 U.S. 4 We confine our analysis to the first part of the definition because, in this case, there is no suggestion that Moore committed another crime against P.B.
- State of Minnesota v. Stephanie JoNell Guscette Minn. Ct. App. 2015
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State of Minnesota v. Stephanie JoNell Guscette
Minn. Ct. App. 2015
We must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- Persigehl v. Ridgebrook Investments Ltd. Partnership 858 N.W.2d 824 Minn. Ct. App. 2015
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Persigehl v. Ridgebrook Investments Ltd. Partnership
858 N.W.2d 824
Minn. Ct. App. 2015
Because this doctrine “generally reflects an inference that any omissions in a statute are intentional,” it is applied only when “the language of the statute supports such an inference.”
- Jeff Persigehl and Samone Bodley, individually and on behalf of the putative classes, (A14-0027), (A14-0123) v. Ridgebrook Investments … Minn. Ct. App. 2015
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Jeff Persigehl and Samone Bodley, individually and on behalf of the putative classes, (A14-0027), (A14-0123) v. Ridgebrook Investments …
Minn. Ct. App. 2015
Because this doctrine “generally reflects an inference that any omissions in a statute are intentional,” it is applied only when “the language of the statute supports such an inference.”
- State of Minnesota v. John Yang Minn. Ct. App. 2015
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State of Minnesota v. John Yang
Minn. Ct. App. 2015
We must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
- State of Minnesota v. Shawn Elson Randall Minn. Ct. App. 2014
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State of Minnesota v. Shawn Elson Randall
Minn. Ct. App. 2014
We must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- State of Minnesota v. Donald Ernest Beckman Minn. Ct. App. 2014
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State of Minnesota v. Donald Ernest Beckman
Minn. Ct. App. 2014
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- State of Minnesota v. Dayna Kristine Bell Minn. Ct. App. 2014
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State of Minnesota v. Dayna Kristine Bell
Minn. Ct. App. 2014
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” (quotation omitted).
- Lincoln Lamar Caldwell v. State of Minnesota 853 N.W.2d 766 Minn. 2014
- Lincoln Lamar Caldwell v. State of Minnesota 853 N.W.2d 766 Minn. 2014
- In Re the GUARDIANSHIP OF Jeffers J. TSCHUMY, Ward 853 N.W.2d 728 Minn. 2014
- Alice Ann Staab v. Diocese of St. Cloud 853 N.W.2d 713 Minn. 2014