Cited by
Opinions in Minnesota that cite State v. Porte, 832 N.W.2d 303.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
This heightened standard of review requires us to first identify the ci rcumstances proved and defer to the jury’s “acceptance of the proof of thes e circumstances,” and then “examine independently the reasonableness of all inferences that migh t be drawn from the circumstances proved, including inferences consistent w ith a hypothesis other than guilt.” State v. Porte , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Generally, when a defendant challenges the sufficiency of the evidence, we “conduct[] ‘a painstaking analysis of the record to determine whether the evidence, when viewed in the light most favorable to the conviction,’ is sufficient to allow the jurors to reach a verdict of guilty.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
State v. Porte , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
3(c) (2016); Vlahos v. R&I Constr., Inc., n.3 (Minn. 2004); State v. Porte , n.1 (Minn. App. 2013).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
ed with another , that drug paraphernalia was found in box with papers bearing defendant’s name, and that defendant had prick marks on his arm); State v. Mollberg, 310 Minn. 376, 390, (affirming conviction based on evidence that marijuana was found in closet of bedroom where defendant had frequently stayed as house guest and had left his belongings); - 09 (Minn. App. 2013) (affirming conviction based on evidence that cocaine was found in center glove compartment of vehicle that defendant had bee
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Proximity is an important factor in establishing constructive possession.” State v. Porte , (quoting State v. Breaux , ).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“When considering a claim of insuffici ent evidence, this court conducts a painstaking analysis of the record to determine whether the evidence, when viewed in the light most favorable to the conviction, is sufficient to allow the jurors to reach a verdict of guilty.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
We first identify the circumstances proved and defer to the jury’s “acceptance of the proof of these circumstances,” and then “examine independently the reasonableness of all inferences that might be drawn from the circumstances proved, including inferences consistent with a hypothesis other than guilt.” (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
review denied (Minn. June 16, 2015).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
We first identify the circumstances proved and defer to the jury’s “acceptance 3 of the proof of these circumstances .” (quotations omitted).
- 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
“Proximity is an important factor in establishing constructive possession.” - 81 (Minn. 1986) (concluding that the eviden ce was sufficient to establish defendant’s constructive possession of cocaine, despite his girlfriend’s testimony that it was hers, when the cocaine was found on the ground at a car crash, inches from defend
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Porte , (quotation omitted).
- State of Minnesota v. Renard Rucker Minn. Ct. App. 2017
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State of Minnesota v. Renard Rucker
Minn. Ct. App. 2017
Deferring to the jury’s assessment of witness credibility and assuming that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary,” we determine that the evidence was sufficient to sustain appellant’s first-degree criminal-sexual-conduct conviction.
- State of Minnesota v. Richard Allen Altman Minn. Ct. App. 2017
- State of Minnesota v. Richard Allen Altman Minn. Ct. App. 2017
- State of Minnesota v. Joel Patrick Rodriguez 889 N.W.2d 332 Minn. Ct. App. 2017
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State of Minnesota v. Joel Patrick Rodriguez
889 N.W.2d 332
Minn. Ct. App. 2017
–13 (Minn. App. 2013) (holding that if the state does not make harmless error argument, this court is not required to undergo harmless error analysis but may do so under certain circumstances).
- State of Minnesota v. Johnnie Robert Capers Minn. Ct. App. 2016
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State of Minnesota v. Johnnie Robert Capers
Minn. Ct. App. 2016
Heightened scrutiny is a two-step process requiring the reviewing court to first identify the circumstances proved and defer to the jury’s “acceptance of the proof of these circumstances.” We then “examine independently the reasonableness of all inferences that might be drawn from the circumstances proved, including inferences consistent with a hypothesis other than guilt.” (quotations omitted).
- State of Minnesota v. Robert Joseph Engen Minn. Ct. App. 2016
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State of Minnesota v. Robert Joseph Engen
Minn. Ct. App. 2016
at 800; 308 (Minn. App. 2013) (concluding that jurors could find Porte guilty of the controlled- substance offenses if they believed either that Porte possessed the crack cocaine alone or jointly with R.M.).
- State of Minnesota v. Deeforest Mentay Houston Minn. Ct. App. 2016
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State of Minnesota v. Deeforest Mentay Houston
Minn. Ct. App. 2016
-10 (Minn. App. 2013) (applying circumstantial-evidence test when direct evidence by itself is insufficient to prove disputed element).
- State of Minnesota v. Tommy William Mix Minn. Ct. App. 2016
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State of Minnesota v. Tommy William Mix
Minn. Ct. App. 2016
ng the reviewing court to first “identify the circumstances proved” and defer to the jury’s “acceptance of the proof of these circumstances,” and then “examine independently the reasonableness of all inferences that 4 might be drawn from the circumstances proved, including inferences consistent with a hypothesis other than guilt.” (quotations omitted); Al-Naseer, d at 473-74, 477 (quotation omitted).
- State of Minnesota v. Travis Loren Clemmensen Minn. Ct. App. 2016
- State of Minnesota v. Travis Loren Clemmensen Minn. Ct. App. 2016
- State of Minnesota v. Daniel Piper Minn. Ct. App. 2016
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State of Minnesota v. Daniel Piper
Minn. Ct. App. 2016
Therefore, “we must 7 consider the state’s circumstantial evidence, which requires that we engage in the type of heightened scrutiny that is appropriate for circumstantial evidence.” review denied (Minn. June 16, 2015).
- Lana Dawn Hansch Barnes v. State of Minnesota Minn. Ct. App. 2016
- Lana Dawn Hansch Barnes v. State of Minnesota Minn. Ct. App. 2016
- In the Matter of the Welfare of: A. G., Child. Minn. Ct. App. 2016
- State of Minnesota v. Claude Monroe Washington Minn. Ct. App. 2016
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State of Minnesota v. Claude Monroe Washington
Minn. Ct. App. 2016
“When considering a claim of insufficient evidence, this court conducts a painstaking analysis of the record to determine whether the evidence, when viewed in the light most favorable to the conviction, is sufficient to allow the jurors to reach a verdict of guilty.” d 303, 307 (Minn. App. 2013) (quotation omitted).
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In the Matter of the Welfare of: A. G., Child.
Minn. Ct. App. 2016
“A conviction based on circumstantial evidence receives heightened scrutiny.” (quotation omitted).
- State of Minnesota v. Paula Mirare Overby Minn. Ct. App. 2016
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State of Minnesota v. Paula Mirare Overby
Minn. Ct. App. 2016
“[I]f the state introduced direct evidence on each element of an offense, [appellate courts do] not apply the circumstantial-evidence standard of review.”
- State of Minnesota v. Aaron Louis Olson Minn. Ct. App. 2016
- State of Minnesota v. Aaron Louis Olson Minn. Ct. App. 2016
- State of Minnesota v. Jimmy Dawayne Lester Minn. Ct. App. 2016
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State of Minnesota v. Jimmy Dawayne Lester
Minn. Ct. App. 2016
d 303, 309 (Minn. App. 2013).
- State of Minnesota v. Hoshiar A. Sadiq Minn. Ct. App. 2016
- State of Minnesota v. Hoshiar A. Sadiq Minn. Ct. App. 2016
- State of Minnesota v. Mark Anthony Sanders Minn. Ct. App. 2016
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State of Minnesota v. Mark Anthony Sanders
Minn. Ct. App. 2016
Heightened scrutiny is a two-step process requiring the reviewing court to first identify the circumstances proved and defer to the jury’s “acceptance of the proof of these circumstances,” and then “examine independently the reasonableness of all inferences that might be drawn from the circumstances proved,” including “inferences consistent with a hypothesis other than guilt.” (quotations omitted); Al-Naseer, d at 473- 74, 477 (quotation omitted).
- State of Minnesota v. Carlos Maurice Harris Minn. Ct. App. 2016