Cited by
Opinions in Minnesota that cite State v. Carridine, 812 N.W.2d 130.
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Devon James Pulczinski,
Minn. 2022
A verdict may be impeached by testimony establishing that a juror (Minn. 1968); (2) that we assess whether we have discretion to grant relief for all categories of unpreserved errors (invited errors, consented -to errors, and unobjected-to errors) under the plain error doctrine, –49 (Minn. 2008); ; State v. Goelz , State v. Giese , ; and (3) that we may grant relief for invited errors that seriously affect the fairness, integrity, or public reputation of judicial proceedings, (Minn. 2015
- State of Minnesota, Respondent, vs. Toman Davin Matthews, Appellant. Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
d 130, 150 (Minn. 2012) (discussing State v. Caron , which sets forth the two-tiered approach); Whitson, d at 304 n.2 (stating that “[r]ecent cases have questioned whether the two-tiered Caron standard .
- State of Minnesota, Respondent, vs. Marcel Dylan Zephier, Appellant. Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
But as a general rule, under the invited -error doctrine, “a party cannot assert on appeal an error that he invited or that could have been prevented at the district court.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
When reviewing jury instructions, we recognize that “district cour ts are entitled to cons iderable latitude when selecting language for jury instructions.” State v. Carridine
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“Evidentiary rulings rest within the sound discretion of the trial court and will not be reversed absent a clear abuse of discretion.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“The plain error test gives us discretion to review unobjected-to errors if: (1) there is error, (2) the error is plain, and (3) the error affects substantial rights.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
When reviewing jury instructions , we recognize that “distr ict courts are entitled to considerable latitude when selecting language for jury instructions.” State v. Carridine
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“The Minnesota Supreme Court has repeatedly stated that i t is error to provide the justifiable-taking-of-life instruction, instead of the general self -defense instruction, when the defendant asserts self-defense but claims that the [victim’s] death was not the intended result.” State v. Pollard , , 179 (Minn. App. 2017) ( -44 (Minn. 2012); - 33 (Minn. 1998); State v. Robinson , -3 (Minn. 1995); ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
stood some distance away from Skolte’s trailer and did not move his hands until Skolte’s revolver was pointed in his direction ; up until that point t he interaction between the two men could be characterized as “mere conversation.” State v. Carridine , , 145 (Minn. 2012) (stating that conduct “a good deal greater than mere conversation” is required to establish provocation (quotation omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Under the invited error doctrine, a party ca nnot assert on appeal an error that he invited or that could have been pr evented at the district court.” State v. Carridine
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Evidentiary rulings rest within the soun d discretion of the trial court and will not be reversed absent a clear abuse of discretion.” (quotation omitted).
- Muhamud Ahmed Hirsi, petitioner, Appellant, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(“We have stated that when a defendant asserts self -defense and claims that the resulting death was unintentional, it is inappropriate to give the justifiable-taking-of-life instruction.”).
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Antonio Xavier Daniels, petitioner, Appellant,
Minn. Ct. App. 2020
See State v. Carridine , (“Although the justifiable-taking-of-life jury instructions were given in error, we conclude that [the appellant] failed to establish that his substantial rights were affected by these instructions.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
For claims of prosecutorial misconduct to which the defense did not object, appellate courts apply the “modified plain-error test.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
at 811; (“To determine whether a peremptory strike was discriminatory, we apply the three -step test articulated by the United States Supreme Court in Batson v. Kentucky .”); Minn. R. Crim.
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(stating that the supreme court “do[es] not agree that the district court must, or even should, interfe re with the trial strategy of the defendant”); (stating that “[t]he invited error doctrine does not apply .
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(“The invited error doctrine does not apply .
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
If the appellant demonstrates that the misconduct was both error and plain , “[t]he burden then shifts to the [s]tate to 7 demonstrate that the error did not affect the defendant’s substantial rights.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See State v. Carridine , (noting unsettled state of law, but declining to decide whether the two-tiered Caron standard should apply to cases of objected-to prosecutorial misconduct); see also State v. Tayari-Garrett , d 644, 651 (Minn. App. 2014), review denied (Minn. Mar.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Jefferson bears the burden of s howing that there was misconduct constituting error and that the error was plain; to be plain, the error must “contravene[] case law, a rule, or a standard of conduct.” State v. Carridine , (quotation 14 omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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A18-1579
Minn. Ct. App. 2019
” “ Under the invited error doctrine, a party cannot assert on appeal an error that he invi ted,” unless he can establish that the “error meets the plain error test.” State v. Carridine
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Accordingly, we apply “a modified plain-error test.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Under that test, the defendant bears the burden of showing that there was misconduct constituting error and that the error was plain; to be plain, the error must “contravene[] case law, a rule, or a standard of conduct.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
This court “review[s] a district court’s decision to give a requested jury instr uction for an abuse of discretion.” .
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Whitson , & n.2 (Minn. 2016)
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Arguments that shift the burden of proof to the defendant to prove his innocence are improper.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See e.g. State v. Carridine , -44 (Minn. 2012) (concluding that the justifiable -taking-of-life instruction was given i n error where the defendant's defense was that the death was unintended).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(stating that the court did not define what is considered more than conversation).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Minnesota law “clearly mandat[es] that the general self-defense instruction be given in cases where the defendant claims the death was an unintended or accidental consequence of actions taken in defense of self.” d 130, 143-44 (Minn. 2012) (concluding that the justifiable -taking-of-life instruction was given in error when the defendant’s defense was that the death was unintended).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State v. Lagred 923 N.W.2d 345 Minn. Ct. App. 2019
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State v. Lagred
923 N.W.2d 345
Minn. Ct. App. 2019
State v. Carridine , , 144 (Minn. 2012).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See n.2 (Minn. 2016); (applying standard for “unusually serious” misconduct without deciding the continued applicability of the Caron test).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
-44 (Minn. 2012) (concluding that the justifiable-taking-of-life instruction was given in error where the defendant’s defense was that the death was unintended).