Cited by
Opinions in Minnesota that cite State v. Pratt, 813 N.W.2d 868.
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A25-1156
Minn. Ct. App. 2026
The state must prove three elements: “(i) the owner of the property gave up possession of the property due to the swindle; (ii) the defendant intended to obtain for h[er]self or someone else possession of the property; and (iii) the defendant’s act was a swindle.” d 911, 923 (Minn. App. 2025), rev. denied (Minn. Oct.
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Andrew Vernard Glover v. State of Minnesota
Minn. 2026
(internal quotation marks omitted) (quoting Terminology, Minn. R. Jud.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“Justice requires that the judicial process be fair and that it appear to be fair; it necessarily follows that a presiding judge must be impartial and must appear to be impartial.” State v. Pratt, 10
- State of Minnesota, Respondent, vs. Mervel George Jones, III, Appellant Minn. Ct. App. 2025
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State of Minnesota, Respondent, vs. Mervel George Jones, III, Appellant
Minn. Ct. App. 2025
“Impartiality” is the “absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge.” (quotation omitted).
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In the Marriage of:
Minn. Ct. App. 2025
18 circumstances.” n.8 (Minn. 2012) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
verdicts based on circumstantial evidence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Samuel Richard Grey Minn. Ct. App. 2024
- State of Minnesota v. Samuel Richard Grey Minn. Ct. App. 2024
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John Louis Corrigan, Jr., petitioner, Appellant,
Minn. Ct. App. 2024
“Impartiality” is defined as the “absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge.” (quoting Terminology, Code of Judicial Conduct) .
- State of Minnesota v. Crystal Ann Olson Minn. Ct. App. 2024
- State of Minnesota v. Phillip Charles Jones Minn. Ct. App. 2024
- State of Minnesota v. Phillip Charles Jones Minn. Ct. App. 2024
- State of Minnesota v. Crystal Ann Olson Minn. Ct. App. 2024
- State of Minnesota v. Kristi Dannette Mcneilly 6 N.W.3d 161 Minn. 2024
- State of Minnesota v. Kristi Dannette Mcneilly 6 N.W.3d 161 Minn. 2024
- 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, Respondent,
Minn. Ct. App. 2024
“The elements of theft by swindle are: (i) the owner of the property gave up possession of the property due to the swindle; (ii) the defendant intended to obtain for himself or someone else possession of the propert y; and (iii) the defendant’s act was a swindle.”
- State of Minnesota v. Jeffrey Velt Murray Minn. Ct. App. 2024
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State of Minnesota v. Jeffrey Velt Murray
Minn. Ct. App. 2024
“Impartiality” is defined as the “absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in 12 considering issues that may come before a judge.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
13 objective, unbiased layperson with full knowledge of the facts and circumstances.” n.8 (Minn. 2012) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
29, 2004).1 “The Code [of Judicial Conduct] defines ‘impartial’ and ‘impartiality’ as the ‘absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge.’ Terminology, Code of Judicial Conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Appellant contends that this court reviews the district court’s denial de novo, citing State 16 v. Pratt
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
d 868, 874 (Minn. 2012) (stating that the supreme court had considered the evidence “in the light most favorable to the verdict” when determining the circumstances proved).
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Herald Edward Liu, petitioner, Appellant,
Minn. Ct. App. 2022
possession of the property; and (iii) the defendant’s act was a swindle.”
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A19-1560
Minn. 2021
’” n.8 (Minn. 2012) (quoting Jacobs, d at 753).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The supreme court has identified three essential elements of theft by swindle: “(i) the owner of the property gave up possession of the property due to th e swindle; (ii) the defendant intended to obtain for himself or someone else possession of the property; and (iii) the defendant’s act was a swindle.” (citing Minn. Stat. § 609.52, subd.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(“The trier of fact is in the best position to determine credibility and weigh the evidence.”).
- 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
A reasonable inference cannot be based on “mere conjecture.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A “reasonable inference” cannot be based on “mere conjecture.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Additionally , a “reasonable inference” is not based on “mere conjecture.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- In re the Marriage of: Sheree Rosett Curry, petitioner, Appellant, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
But a judge is disqualified for lack of impartiality under rule 2.11(A) if a “reasonable examiner ,” from the perspective of an objective “layperson with full knowledge of the facts and circumstances,” would “question the judge's impartiality.” & n. 8 (Minn. 2012) (quotation omitted).
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In the Matter of the Application of Kimberly Baker.
Minn. Ct. App. 2018
The Minnesota Supreme Court has held that “[j]ustice requires that the judicial process be fair and th at it appear to be fair; it necessarily follows that a presiding judge must be impartial and must appear to be impartial.” 8 (Minn. 2012) (emphasis added).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“[W]e determine whether the legitimate inferences drawn from the f acts in the record would re asonably support the jury’s conclusion that the defendant was guilty beyond a reasonable doubt.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- In re Disciplinary Action Against Bonner 896 N.W.2d 98 Minn. 2017
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In re Disciplinary Action Against Bonner
896 N.W.2d 98
Minn. 2017
"The elements of theft by swindle are: (i) the owner of the property gave up possession of the property due to the swindle; (ii) the defendant intended to obtain for himself or *111 someone else possession of the property; and (iii) the defendant's act was a swindle.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(noting that sufficient evidence exists to sustain a conviction based on circumstantial evidence if the circumstances are inconsistent with any rational theory of innocence).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Robert Joseph Engen Minn. Ct. App. 2016