Cited by
Opinions in Minnesota that cite STATE of Minnesota, Respondent, Appellant, v. Byron David SMITH, Appellant, Respondent, 876 N.W.2d 310.
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State of Minnesota v. Chad Alan Blood Milhausen, Jr.
Minn. Ct. App. 2026
When analyzing a claim of prosecutorial misconduct during closing argument, we consider the argument “as a whole,” not “selected phrases and remarks.” d 310, 335 (Minn. 2016) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
It is misconduct for the prosecutor to “intentionally misstate the evidence or mislead the jury as to the inferences it may draw.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
-32 (Minn. 2016) (affirming exclusion of evidence that risked creating a “trial-within-a-trial” that “would misdirect the jury away from the key inquiry” (quotation marks omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- Hope Larsen v. Erin Lee Mullen and d/b/a Running LL's Ranch Minn. Ct. App. 2026
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Hope Larsen v. Erin Lee Mullen and d/b/a Running LL's Ranch
Minn. Ct. App. 2026
See, d 310, 330 (Minn. 2016) (describing “routine evidentiary rulings and matters traditionally addressed during private bench conferences” as “routine administrative proceedings”); Wohlfeil v. Murray Mach., Inc., -75 (Minn. App. 1984) (analyzing an evidentiary issue discussed at two bench conferences durin
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“Cumulative error exists when the cumulative effect of the errors and indiscretions, none of which alone might have been enough to tip the scales, operate to the defendant’s prejudice by producing a biased grand jury.” 326 (Minn. 2016) (quotation omitted).
- State of Minnesota v. Daniel Martez Walker Minn. Ct. App. 2026
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State of Minnesota v. Daniel Martez Walker
Minn. Ct. App. 2026
ssues, or mislead the jury.” Walker’s opening-the-door argument on appeal rests on his contention that R.C.’s mother’s testimony “went beyond typical ‘spark of life’ testimony.” “Spark of life” evidence consists of biographical testimony about the victim to show that “[t]he victim was not just bones and sinews covered with flesh, but was imbued with the spark of life.” -26 (Minn. 2016) (d 204, 207 (Minn. 1985)).
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In the Matter of the Welfare of: K. A. A., Child.
Minn. Ct. App. 2025
Under the statute, an offender “bears the initial burden of production to challenge a restitution request.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
When analyzing a claim of prosecutorial misconduct during closing argument, we consider the argument “as a whole,” not “selected phrases and remarks.” d 310, 335 (Minn. 2016) (quotation omitted).
- State of Minnesota v. Edward James Lafore, Jr. Minn. Ct. App. 2025
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State of Minnesota v. Edward James Lafore, Jr.
Minn. Ct. App. 2025
It is improper for a prosecuting attorney “intentionally to misstate the evidence or mislead the jury as to the inferences it may draw.” (quotations omitted).
- In the Matter of the Welfare of: C.L.B., Child. Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In other words, appellate courts “must generally consider only those issues that the record shows were presented and considered by the trial court in deciding the matter before it.” d 310, 335 (Minn. 2016) (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
-32 (Minn. 2016) (affirming exclusion of evidence that risked creating a “trial-within-a-trial” that “would misdirect the jury away from the key inquiry” (quotation marks omitted)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
District courts have “broad discretion in weighing probative value against unfair prejudice.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
When we review for “prosecutorial misconduct during a closing argument, we look to the closing argument as a whole, rather than to selected phrases and remarks.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
bing a witness as “aggressive” and “huge and burly”; and (4) vouch ing for the credibility of the state’s witnesses by prefacing a comment about witnesses clarifying questions with “I submit to you—or the state submits to you.” When analyzing a claim of prosecutorial misconduct during closing argument, we review the argument “as a whole,” not “selected phrases and remarks.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
It is unprofessional conduct, however, for the prosecutor intentionally to misstate the 8 evidence or mislead the jury as to the inferences it may draw.” d 310, 335 (Minn. 2016) (quotation omitted).
- State of Minnesota v. Timothy Lee Heller Minn. 2024
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State of Minnesota v. Timothy Lee Heller
Minn. 2024
12 “Spark of life” evidence consists of biographical testimony about the victim to show that “[t]he victim was not just bones and sinews covered with flesh, but was imbued with the spark of life.” –26 (Minn. 2016) ().
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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A23-0588
Minn. 2024
“Prosecutors are allowed to argue all reasonable inferences from evidence in the record.” (citation omitted) (internal quotation marks omitted) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Introducing such evidence at trial would likely have turned a criminal trial into a custody battle, and the Minnesota Supreme Court previously affirmed a district court’s decision to exclude certain disputed evidence because admitting the evidence would “misdirect the jury away from the key inquiry.” (quotation omitted) .
- State of Minnesota v. Michael Allan Carbo, Jr. 6 N.W.3d 114 Minn. 2024
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State of Minnesota v. Michael Allan Carbo, Jr.
6 N.W.3d 114
Minn. 2024
Moreover, “[i]f a trial court’s evidentiary ruling is determined to be erroneous, and the error reaches the level of a constitutional error, such as denying the defendant the right to present a defense, our standard of review is whether the exclusion of evidence was harmless beyond a reasonable doubt.” (citation omitted) (internal quotation marks omitted).
- State of Minnesota v. Reginald Scott Hubbard Minn. Ct. App. 2024
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State of Minnesota v. Reginald Scott Hubbard
Minn. Ct. App. 2024
Nor may a lawyer “misstate the evidence or mislead the jury as to the inferences it may draw.” (quotation omitted).
- State of Minnesota v. Carmen Marie Burth Minn. Ct. App. 2023
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State of Minnesota v. Carmen Marie Burth
Minn. Ct. App. 2023
When analyzing a claim of prosecutorial misconduct during closing argument, we consider the argument “as a whole,” not “selected phrases and remarks.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
6 If an evidentiary ruling reaches the level of a constitutional error, the standard of review is whether the exclusion of the evidence was “harmless beyond a reasonable doubt.” (quotation omitted).
- Dakota County Anderson, J. ConState of Minnesota v. Gabriel Alfonso Sanchez Cruz Minn. 2023
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Dakota County Anderson, J. ConState of Minnesota v. Gabriel Alfonso Sanchez Cruz
Minn. 2023
(explaining that due process requires that every defendant be afforded a meaningful opportunity to present a complete defense).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
d 310, 335 (Minn. 2016).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
6 “When evaluating prosecutorial misconduct during a closing argument, [an appellate court] look[s] to the closing argument as a whole, rather than to selected phrases or remarks.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
17 Statements Regarding the Evidence “Prosecutors are allowed to argue all reasonable inferences from evidence in the record.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
court charged with the affirmative obligation to achieve justice and fair adjudication, not merely convictions.” d 777, 782 (Minn. 2007) “A prosecutor engages in prosecutorial misconduct when the prosecutor violates clear or established standards of conduct, e.g., rules, laws, orders by a district court, or clear commands in this state’s case law.” -35 (Minn. 2016) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Every defendant must be provided the opportunity “to present a complete defense.” (citations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“Prosecutors are allowed to argue all reasonable inferences from evidence in the record.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(prosecutors may argue all reasonable inferences from evidence in the record).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Minn. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
ur t charged with the affirmative obligation to achieve justice and fair adjudication, not merely convictions.” d 777, 782 (Minn. 2007) “A prosecutor e ngages in prosecutorial misconduct when the prosecutor violates clear or established standards of conduct, e.g., rules, laws, orders by a district court, or clear commands in this state’s case law.” -35 (Minn. 2016).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“Due process requires that every defendant be afforded a meaningful opportunity to present a complete defense.” State v. Smith , (quotations omitted).
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In the Matter of the Welfare of: N. R. C.-A., Child.
Minn. Ct. App. 2021
The object of statutory interpretation is to “effectuate the intent of the legislature.” (quotation and citation omitted).
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Eugene Gerald Secord, petitioner, Appellant,
Minn. Ct. App. 2021
(“Under Minn. Stat. § 611A.045, subd.