Cited by
Opinions in Minnesota that cite State of Minnesota v. Dylan Micheal Kelley, 855 N.W.2d 269.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Nielsen challenges the jury instructions, and in particular , the district court’s instruction that “[t]he jury verdict must be unanimous.” Appellate courts “review the jury instructions as a whole to determine whether the instructions accurately state the law in a manner that can be understood by the jury.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Cf. State v. Kelley , (concluding that an erroneous jur y instruction did not have an effect on the defendant’s substantial rights when there was other considerable evidence o f guilt).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Appellate courts “review the jury instructions as a whole to determine whether the i nstructions accurately state the law in a 9 manner that can be understood by the jury.”
- 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. Kelley , , 274 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
In this plain-error context, an error is a “[d]eviation from a legal rule [] unless the rule has been waived.” State v. Kelley , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Under the plain-error doctrine, an error is a deviation from a legal rule unless the rule has been waived.” State v. Kelley , (quotation omitted).
- , A17-1672 Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
P. 31.02; - 74 (Minn. 20 14).
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Ellen Louise Arnt, petitioner, Appellant,
Minn. Ct. App. 2018
Bank, d 585, 603 (Minn. App. 2013), aff’d as modified, N. Star Int’l Trucks, Inc. v. Navistar, Inc. , State v. Kelley , aff’d on other grounds
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
In this plain-error context, an “error” is a “[d]eviation from a legal rule [ ] u nless the rule has been waived.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Under this three -prong plain-error test, an “error” is a “deviation from a legal rule unless the rule has been waived.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
But if an appellant “satisfies the first three prongs of the pl ain-error doctrine, we may correct the error only if it seriously affect[ s] the fairness, integrity, or public reputation of the judicial proceedings.” (alteration in original) (quotation omitted).
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Abraham Deng Woi, petitioner, Appellant,
Minn. Ct. App. 2018
(indicating that this court looks to the law as it exists at the time of appellate review when considering whether an error is plain).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
8 A district court is afforded broad di scretion to formulate appropriate jury instructions and only abuses that discretion if the jury instructions “confuse, mislead, or materially misstate the law.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“If the appellant satisfies the first three prongs of the plain-error doctrine, we may correct the erro r only if it seriously affect[s] the fairness, integrity, or public reputation of the judicial proceedings.” d 269, 274 (Minn. 2014) (alteration in original) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(declining to find plain error where law was undecided).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Plain error is “determined at the time of appellate review.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
We revi ew a district court’s decision to give a particular jury instruction for an abuse of discretion, and we review the jury instructions as a whole to determine if they accurately state the law in a manner that is understandable to the jury, d 269, 274 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
7 “Under the plain-error doctrine, an error is a deviation from a legal rule unless the rule has been waived.” State v. Kelley , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A district court has broad discretion to formulate appropriate jury instructions and only abuses its discretion if the jury instructions “ confuse, mislead, or materially misstate the law.” Taylor, d at 14-15 ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See Hollins, d at 133; aff'd on other grounds , (noti ng this court’s role as “an error- correcting court”).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
An appellate court reviews jury instru ctions “as a whole to determine whether [they] accurately state the law in a manner that can be understood by the jury.”
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Western National Mutual Insurance Company, Appellant,
Minn. Ct. App. 2018
d (1981).3 The instruction preserved the substantial correctness of the charge and did not result in a miscarriage of justice such that it affected “the fairness, integrity or public reputation of judicial proceedings.” State v. Kelley , (quotation omitted).
- State v. Bowen 910 N.W.2d 39 Minn. Ct. App. 2018
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State v. Bowen
910 N.W.2d 39
Minn. Ct. App. 2018
State v. Kelley , , 274 (Minn. 2014).
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Berry Alan Willis, petitioner, Appellant,
Minn. Ct. App. 2018
Gulbertson v. State , State v. Kelley
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Appellate courts “review the jury instructions as a whole to determine whether the instructions accurately state the law in a manner that can be understood by the jury.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A jury instruction error is prejudicial if the defen dant carries her “heavy burden” and shows “there is a reasonable likelihood that giving the instruction in question had a significant effect on the jury verdict.” ().
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State v. Smith 901 N.W.2d 657 Minn. Ct. App. 2017
- State v. Smith 901 N.W.2d 657 Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“We review a district court’s decision to give a requested jury instruction for an abuse of discretion,” and we review the jury instructions as a whole to determine if they accurately state the law in a manner that is understandable to the jury
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
And we consider whether the instructions, as a whole, “accurately state the law in a manner that can be understood by the jury.” State v. Kelley , .
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The district court errs “if its jury instructions confuse, mislead, or materially misstate t he law.” State v. Kelley
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This court applies an abu se-of-discretion standard of review to a district court’s jury instructions, Koppi, d at 361, reviewing them “as a whole to determine whether [they] accurately state the law in a manner that can be understood by the jury,”
- Otto v. Wright County 899 N.W.2d 186 Minn. Ct. App. 2017
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Otto v. Wright County
899 N.W.2d 186
Minn. Ct. App. 2017
(noting that, as an error-correcting court, this court lacks authority to change established supreme court precedent), aff'd, ("This is an error-correcting court, and we apply the best law available to us."), aff'd, ("[T]he task of extending existing law falls to the supreme court or the legislature, but it does not fall to this court."), review denied (Minn. Dec.
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Travis Clay Andersen, petitioner, Appellant,
Minn. Ct. App. 2017
“Under the plain -error doctrine, the appellant must show that there was (1) an error; (2) that is plain; and (3) the error must affect [the appellant’s] substantial rights.” -74 (Minn. 2014).
- State v. Webster 894 N.W.2d 782 Minn. 2017
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State v. Webster
894 N.W.2d 782
Minn. 2017
In determining whether an error is plain, we consider “the law in existence at the time of appellate review.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
We review a district court’s decision to give a particular jury instruction for an abuse of discretion, and we review the jury instructions as a whole to determine if they accurately state the law in a manner that is understandable to the jury, d 269, 274 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Under the plain-error doctrin e, the appellant must show that there was (1) an error; (2) that is plain; and (3) the error must affect substantial rights.” -74 (Minn. 2014).