Cited by
Opinions in Minnesota that cite Gulbertson v. State, 843 N.W.2d 240.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota v. Rebecca Lee Treptow Minn. Ct. App. 2026
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State of Minnesota v. Rebecca Lee Treptow
Minn. Ct. App. 2026
“We review a denial of a petition for postconviction relief for an abuse of discretion.”
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Chris Marquis McMorris, petitioner, Appellant,
Minn. Ct. App. 2025
“We review a denial of a petition for postconviction relief for an abuse of discretion.”
- State of Minnesota v. Melvin Bilbro Minn. 2025
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State of Minnesota v. Melvin Bilbro
Minn. 2025
(concluding that there was sufficient evidence to show a past pattern of domestic abuse where the State introduced evidence that the defendant threatened, pushed, and injured a victim but was not convicted of any crimes based on these acts).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Accordingly, “it was not unreasonable for counsel to fail to object to proper jury instructions.” n.7 (Minn. 2014).
- Michael Walton Hinton v. State of Minnesota Minn. Ct. App. 2024
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Michael Walton Hinton v. State of Minnesota
Minn. Ct. App. 2024
“We review a denial of a petition for postconviction relief for an abuse of discretion.”
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Minn. 2023
We “will not reverse where jury instructions overall fairly and correctly state the applicable law.” (citation omitted) (internal quotation marks omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- Charles Earl Strother, petitioner, Appellant, Minn. Ct. App. 2022
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State of Minnesota,
Minn. 2020
20 For a defendant to be convicted of first -degree domestic abuse murder, the State must prove “not only that the defendant caused the death of the victim while committing domestic abuse, but also that domestic abuse had occurred previously to the exten t that it was a ‘past pattern.’ ”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
District courts have “considerable latitude” in selecting the exact language of jury instructions and we review the instructions as a whole to determine if they “fairly and adequately explain the law.” Gulbertson v. State , (citations omitted).
- Ronnie Bila Shaka, Petitioner, Appellant, Minn. Ct. App. 2019
- Hunter Lee Briscoe, petitioner, Appellant, Minn. Ct. App. 2019
- Ernesto Reyes-Alcazar, petitioner, Appellant, Minn. Ct. App. 2019
- State v. Robinson 921 N.W.2d 755 Minn. 2019
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State v. Robinson
921 N.W.2d 755
Minn. 2019
2(b)(4)-(5) (2018) ; see Gulbertson v. State , , 243, 245 n.6 (Minn. 2014) (explaining that the defendant and the victim "were involved in a romantic relationship for several years," lived together, and thus were "family or household members" under the statute); State v. Clark , , 415, 418 (Minn. 2007) (explaining that the defendant and the victim "
- Gideon Charles Arrington, II, petitioner, Appellant, Minn. Ct. App. 2018
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Berry Alan Willis, petitioner, Appellant,
Minn. Ct. App. 2018
Gulbertson v. State , State v. Kelley
- A16-1196 Minn. Ct. App. 2017
- State v. Schoenrock 899 N.W.2d 462 Minn. 2017
- State v. Schoenrock 899 N.W.2d 462 Minn. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This court assumes that the jury “believed the state’s witnesses and disbelieved any contrary evidence.” ().
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Cornelius Kinte Payton Minn. Ct. App. 2016
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State of Minnesota v. Cornelius Kinte Payton
Minn. Ct. App. 2016
(recognizing that a court reviewing the sufficiency of the evidence assumes that the fact-finder believed the state’s witnesses).
- State of Minnesota v. Shavelle Oscar Chavez-Nelson 882 N.W.2d 579 Minn. 2016
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State of Minnesota v. Shavelle Oscar Chavez-Nelson
882 N.W.2d 579
Minn. 2016
(“A plain error is one that is clear or obvious .
- State of Minnesota v. George Barnard Crooks Minn. Ct. App. 2016
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State of Minnesota v. George Barnard Crooks
Minn. Ct. App. 2016
The appellate court must “assume[ ] that the [jury] believed the state’s witnesses and disbelieved any contrary evidence.” (first alteration in original) (quotation omitted).
- State of Minnesota v. Hobart Alvin Huffman Minn. Ct. App. 2016
- State of Minnesota v. Hobart Alvin Huffman Minn. Ct. App. 2016
- State of Minnesota v. Myles Ray Estes Minn. Ct. App. 2016
- State of Minnesota v. Myles Ray Estes Minn. Ct. App. 2016
- State of Minnesota v. Virginia Marie Carlson Minn. Ct. App. 2016
- Laurie Lea Oliveira v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Philip Lee Carlson Minn. Ct. App. 2016
- Laurie Lea Oliveira v. State of Minnesota Minn. Ct. App. 2016
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State of Minnesota v. Virginia Marie Carlson
Minn. Ct. App. 2016
The appellate court must “assume that the fact finder believed the state’s witnesses and disbelieved any contrary evidence.” (quotation omitted).
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State of Minnesota v. Philip Lee Carlson
Minn. Ct. App. 2016
Philip Carlson appeals.5 DECISION Accomplice-liability instruction “[A] failure to object to jury instructions precludes review unless the appellant can show that there was a plain error affecting substantial rights.”
- State of Minnesota v. Reynaldo Benitez Minn. Ct. App. 2015
- State of Minnesota v. Reynaldo Benitez Minn. Ct. App. 2015
- State of Minnesota v. Wallace Owens Minn. Ct. App. 2015
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State of Minnesota v. Wallace Owens
Minn. Ct. App. 2015
The appellate court must “assume that the [jury] believed the state’s witnesses and disbelieved any contrary evidence.” (quotation omitted).
- State of Minnesota v. Timothy John Bakken Minn. Ct. App. 2015
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State of Minnesota v. Timothy John Bakken
Minn. Ct. App. 2015
The appellate court must “assume that the [jury] believed the state’s witnesses and disbelieved any contrary evidence.” (quotation omitted).
- State of Minnesota v. Nathan Charles Robert Schwartz Minn. Ct. App. 2015