Cited by
Opinions in Minnesota that cite State v. Silvernail, 831 N.W.2d 594.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(applying heightened standard of review for sufficiency-of-the-evidence claim when state presented both direct and circumstantial evidence to obtain conviction).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
First, we “identify the circumstances proved … deferr[ing] to the jury’s acceptance of the proof of these circumstances and rejection of evidence in the record that conflicted with the circumstances proved.” –99 (Minn. 2013) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
that, if true, proves a fact without inference or presumption.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
-99 (Minn. 2013) (“[I]n determining circumstances proved, we consider only those circumstances that are consistent with the verdict.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(declining to resolve a dispute over whether the direct - or circumstantial-evidence standard applied because “even under the more favorable [circumstantial-evidence] standard proposed by [defendant], the record contains sufficient evidence to support the jury’s verdict”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The court then 5 determines “whether the circumsta nces proved are consistent with guilt and inconsistent with any rational hypothesis except that of guilt.” (quotation omitted) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Silvernail , 8-99 (Minn. 2013).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Silvernail , , 598 (Minn. 2013).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The first step is to identify the circumstances proved.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
In reviewing a case based o n circumstantial evidence, we first identify the circumstances proved and then “determine whether the circumstances proved are consistent with guilt and inconsistent with any rational hypothesis except that of guilt.” -99 (Minn. 2013) (quotations omitted) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Put another way, “we consider only those circumstances that are consistent with the verdict.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
see also State v. Harris, __ N.W.2d __, __, 2017 WL 2265434, at *2-5 (Minn. May 24, 2017) (reaffirming circumstantial-evidence standard).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(quotations omitted); (“[We] construe conflicting evidence in the light most favorable to the verdict and assume that the jury believed the state’s witnesses and disbelieved the defense witnesses.” (quotation omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State v. Harris 895 N.W.2d 592 Minn. 2017
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State v. Harris
895 N.W.2d 592
Minn. 2017
-72 (Minn. 2016) (considering whether “[w]hen viewed as a whole, the circumstances proved supported] a rational inference that Robertson was the shooter”); (explaining that “[w]e review the circumstantial evidence not as isolated facts, but as a whole”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
When the state’s case rests largely or entirely on circumstantial evidence, a court must apply the circumstantial-ev idence analysis described in State v. Silvernail , -99 (Minn. 2013), -74 (Minn. 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The first step is to identify the circumstances proved.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
When a 8 conviction dep ends on circumstantial evidence, the reviewing court applies a two -step analysis that first identifies the circumstances that are proved and then determines whether the circumstances proved “are consistent with guilt and inconsistent with any rational hypothesis except that of guilt.” -99 (Minn. 2013) (quotations omitted)
- State of Minnesota v. Brandon Allen Linscheid Minn. Ct. App. 2017
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State of Minnesota v. Brandon Allen Linscheid
Minn. Ct. App. 2017
-99 (Minn. 2013) (quotations and citations omitted); (reiterating and applying two-step test).
- Ravy Nov v. State of Minnesota Minn. Ct. App. 2017
- Ravy Nov v. State of Minnesota Minn. Ct. App. 2017
- State of Minnesota v. Michael Anthony Davis Minn. Ct. App. 2017
- State of Minnesota v. Michael Anthony Davis Minn. Ct. App. 2017
- State of Minnesota v. Gary Lee Hanson, Jr. Minn. Ct. App. 2017
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State of Minnesota v. Gary Lee Hanson, Jr.
Minn. Ct. App. 2017
Second, we “determine whether the circumstances proved are consistent with guilt and inconsistent with any rational hypothesis except that of guilt.” (quotations omitted).
- State of Minnesota v. Matthew Vaughn Diamond 890 N.W.2d 143 Minn. Ct. App. 2017
- State of Minnesota v. Matthew Vaughn Diamond 890 N.W.2d 143 Minn. Ct. App. 2017
- State of Minnesota v. Daniel Gebreamlak Minn. Ct. App. 2016
- State of Minnesota v. Daniel Gebreamlak Minn. Ct. App. 2016
- State of Minnesota v. Jose Amador Molina Minn. Ct. App. 2016
- State of Minnesota v. Tracee Chung Minn. Ct. App. 2016