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Opinions in Minnesota that cite State v. Berrios, 788 N.W.2d 135.

42 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2026
State of Minnesota, Respondent, Minn. Ct. App. 2025
e, e.g., Williams, d at 76-77 (holding that, when victim was highly intoxicated, rejected defendant’s advances, passed out but woke up during sexual encounter, was partially unconscious during sexual encounter, and was therefore unable to verbalize consent, sufficient evidence supported the finding that the defendant “knew or should have known” victim was helpless); State v. Berrios , (holding that, when victim was extremely intoxicated, passed out after telling defendant “no,” and was unconscio
State of Minnesota, Respondent, Minn. Ct. App. 2025
“A juror should be able to understand the evidence, the arguments of counsel, and the instructions of the district court; and a juror should be able to deliberate with other jurors.” rev. denied (Minn. Nov.
State of Minnesota v. David Alan Williams Minn. Ct. App. 2024
State of Minnesota v. David Alan Williams Minn. Ct. App. 2024
3 This case is akin to State v. Berrios, in which the complainant’s testimony showed that she “was extremely intoxicated,” fell unconscious, and “awoke to discover [the defendant] removing her pants.” rev. denied (Minn. Nov.
State of Minnesota v. Blas Garcia Minn. Ct. App. 2023
State of Minnesota v. Blas Garcia Minn. Ct. App. 2023
Todd Deon Rolack, petitioner, Appellant, Minn. Ct. App. 2023
141 (Minn. App. 2010), rev. denied (Minn. Nov.
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent Minn. Ct. App. 2022
See, (criminal sexual conduct occurred when victim was sleeping in her friend’s bedroom at a party); , rev. denied (Minn. Nov.
Dinesh Mongar, petitioner, Appellant, Minn. Ct. App. 2022
In contrast, we rejected a sufficiency-of-the-evidence challenge in State v. Berrios, where the victim “was ‘falling down drunk,’ vomited several times, lost consciousness more than once, and could not walk without assistance.” , rev. denied (Minn. Nov.
State of Minnesota, Respondent, Minn. Ct. App. 2022
Nathan Christopher Braun, petitioner, Appellant, Minn. Ct. App. 2020
(refusing to consider the merits of an issue raised for the first time on appeal without an adequate record), review denied (Minn. Nov.
State of Minnesota, Respondent, Minn. Ct. App. 2019
review denied (Minn. Nov.
State of Minnesota, Respondent, Minn. Ct. App. 2019
(declining to reach the merits of an argument “because it ha[d] not been adequately briefed”).
State of Minnesota, Respondent, Minn. Ct. App. 2018
review denied (Minn. Nov.
Distinguished Anthony Strickland, petitioner, Appellant, Minn. Ct. App. 2018
review denied (Minn. Nov.
State of Minnesota, Respondent, Minn. Ct. App. 2017
1 (2016); State v. Berrios , -42 (Minn. App. 2010), review denied (Minn. Nov.
State of Minnesota v. Mohamed Adel Alwan Minn. Ct. App. 2017
State of Minnesota v. Mohamed Adel Alwan Minn. Ct. App. 2017
Kenneth Jerome Brunner v. State of Minnesota Minn. Ct. App. 2017
Kenneth Jerome Brunner v. State of Minnesota Minn. Ct. App. 2017
(the victim’s “testimony alone is sufficient evidence to prove” sexual penetration), review denied (Minn. Nov.
State of Minnesota v. Daniel Piper Minn. Ct. App. 2016
State of Minnesota v. Daniel Piper Minn. Ct. App. 2016
review denied (Minn. Nov.
State of Minnesota v. Michael Anthony Clark Minn. Ct. App. 2016
State of Minnesota v. Michael Anthony Clark Minn. Ct. App. 2016
–43 (Minn. App. 2010) (acknowledging by implication relevance of victim’s alleged consent in challenge to sufficiency of evidence to support conviction of third-degree criminal sexual conduct (physically helpless complainant)), review denied (Minn. Nov.
State of Minnesota v. Alphonse Reff, Jr. Minn. Ct. App. 2016
State of Minnesota v. Alphonse Reff, Jr. Minn. Ct. App. 2016
review denied (Minn. Nov.
State of Minnesota v. Quentin Lee Davis Minn. Ct. App. 2016
State of Minnesota v. Quentin Lee Davis Minn. Ct. App. 2016
review denied (Minn. Nov.
State of Minnesota v. Faron Wayne Ruel Minn. Ct. App. 2016
State of Minnesota v. Faron Wayne Ruel Minn. Ct. App. 2016
(holding that the evidence was sufficient to sustain a conviction of third-degree criminal sexual conduct based on physical helplessness when the victim was extremely intoxicated and had intermittent periods of consciousness) review denied (Minn. Nov.
State of Minnesota v. Scott Randall Baynes Minn. Ct. App. 2015
State of Minnesota v. Scott Randall Baynes Minn. Ct. App. 2015
(stating that a district court’s factual determinations are reviewed for clear error), review denied (Minn. Nov.
State of Minnesota v. Brian Leonard Anderson Minn. Ct. App. 2015
State of Minnesota v. Brian Leonard Anderson Minn. Ct. App. 2015
review 2 While not briefed on appeal, Anderson claimed, before the district court and this court at oral arguments, that the verdicts were “perverse” and logically inconsistent.
Nichols v. State 858 N.W.2d 773 Minn. 2015
State of Minnesota v. Juan Jasso, Jr. Minn. Ct. App. 2014
State of Minnesota v. Juan Jasso, Jr. Minn. Ct. App. 2014
In State v. Berrios, the complainant consumed several drinks, and became so intoxicated that she had memory gaps and described her state as “‘falling down drunk.’” review denied (Minn. Nov.
State of Minnesota v. Alex Cennedi Closmore Minn. Ct. App. 2014
State of Minnesota v. Alex Cennedi Closmore Minn. Ct. App. 2014
(applying clear error to a factual determination regarding a juror’s ability to understand English, another rule 808(b) requirement for jury service), review denied (Minn. Nov.
Nichols v. State, Office of the Secretary 842 N.W.2d 20 Minn. Ct. App. 2014

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