Cited by
Opinions in Minnesota that cite State of Minnesota v. Marcus Michael Barshaw, 879 N.W.2d 356.
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Cedric Lamont Berry v. State of Minnesota
Minn. 2026
As Berry now concedes: “Baugh was shot three times, including once from point-blank range in the temple, leaving little doubt that her killing—if not premeditated—was intentional.” –64 (Minn. 2016) (explaining that intent to kill can be inferred from planning activity and the nature of the killing).
- State of Minnesota v. James Michael Thomson Minn. Ct. App. 2025
- State of Minnesota v. Andrew Joseph Casserly Minn. Ct. App. 2025
- State of Minnesota v. James Michael Thomson Minn. Ct. App. 2025
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State of Minnesota v. Andrew Joseph Casserly
Minn. Ct. App. 2025
at 600; 363 (Minn. 2016) (stating that, after a bench trial, we defer to the district court’s assessment of “the credibility of the evidence” in establishing circumstances proved (quotation omitted)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Harris, d at 600; 363 (Minn. 2016) (stating that, after a bench trial, we defer to the district court’s assessment of “the credibility of the evidence” in establishing circumstances proved (quotation omitted)).
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John Frederick Haugen, petitioner, Appellant,
Minn. Ct. App. 2025
7 reasonably supported by the evidence as a whole.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
aughter’s] answers.”7 The state counters that the video interview “was admitted as substantive evidence” and that any argument about how the social worker asked the questions during the interview “goes to the weight of the evidence.” The state argues that this court “must defer to the jury’s determination that [daughter’s] statements during the interview were credible.” (deferring to the factfinder’s credibility determinations when analyzing the sufficiency of the evidence).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
2(a) [(2014)]2, assault includes ‘an act done with intent to cause fear in another of immediate bodily harm or death.’” - 67 110 Minnesota Practice, CRIMJIG 13.06 (2015) states “assault” may be defined by either assault-fear under CRIMJIG 13.01, assault-harm under CRIMJIG 13.02, or both.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
2(a), assault includes ‘an act done with intent to cause fear in another of immediate bodily harm or death.’” –67 (Minn. 2016) (quoting Minn. Stat. § 609.02, subd.
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.”
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A24-0006
Minn. Ct. App. 2024
“A finding of fact is not clearly erroneous if it is reasonably supported by the evidence as a whole.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Appellate courts “defer to the fact- finder’s credibility determinations and assume that the fact-finder disbelieved any evidence that conflicted with the verdict.” (quotation omitted).
- State of Minnesota v. James Lockhart Lang Minn. Ct. App. 2024
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State of Minnesota v. James Lockhart Lang
Minn. Ct. App. 2024
“In determining whether the evidence is sufficient, [this court] defer[s] to the fact-finder’s credibility determinations and assume[s] that the fact-finder disbelieved any evidence that conflicted 9 with the verdict.” (quotation omitted).
- State of Minnesota v. Steve Vang Minn. Ct. App. 2024
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State of Minnesota v. Steve Vang
Minn. Ct. App. 2024
(“The witness did make some 7 prior statements which were not consistent with her testimony at trial.
- State of Minnesota v. Edgard Francisco Talave Latino Minn. Ct. App. 2024
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State of Minnesota v. Edgard Francisco Talave Latino
Minn. Ct. App. 2024
In so doing, “we defer to the fact-finder’s credibility determinations and assume that the fact-finder disbelieved any evidence that conflicted with the verdict.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- In the Matter of: Heidi Sue Heller, obo minor children, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
This requires a “review [of] the sufficiency of the evidence using a two- step analysis.” State v. Barshaw
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(stating that an appellate court defers to the jury because the jury is “generally in the best position to weigh the credibility of the evidence and thus determine which witnesses to believe and how much weight to give their testimony” (quotation omitted)).
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Henry James Johnson, Jr., Appellant,
Minn. Ct. App. 2022
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.” State v. Barshaw
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Robert Herman Larsen, petitioner, Appellant,
Minn. Ct. App. 2021
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(“In determining whether the evidence is sufficient, we defer to the fact-finder’s credibility determinations and assume that the fact-finder disbelieved any evidence that conflicted with the verdict.” (quotation omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The circumstantial-evidence standard requires a “review [of] the sufficiency of the evidence using a two-step analysis.” State v. Barshaw
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A19-1493
Minn. Ct. App. 2020
This standard requires a “review [of] the sufficiency of the evidence using a two-step analysis.” State v. Barshaw , .
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
See, (“A finding of fact is not clearly erroneous if it is reasonably supported by the evidence as a whole.”); (“[W]e review a postconviction court’s factual determinations under a clearly erroneous standard, and do not reverse those determinations unles
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The rational hypothesis standard requires a “review [of] the sufficiency of the evidence using a two-step analysis.”
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Kathleen Margaret Eileen Ochs, petitioner, Appellant,
Minn. Ct. App. 2020
A factual finding “is not clearly erroneous if it is reasonably supporte d by the evidence as a whole.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Such circumstances include “the defendant’s conduct, the nature of the assault, and the events leading up to and immediately following the crime.” d 356, 367 (Minn. 2016 ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The ci rcumstantial-evidence standard requires a “review [of] the sufficiency of the evidence using a two-step analysis.” (citation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The circum stantial-evidence standard requires a “review [of] the sufficiency of the evidence using a two-step analysis.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The circumstantial -evidence standard of review requires a “review [of] the sufficiency of the evidence using a two -step analysis.” State v. Barshaw
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.” d 356, 366 (Minn. 2016).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Barshaw , (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(“We use the same standard of review in bench trials and in jury trials in evaluating the sufficiency of the evidence.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
In applying the circumstantial-evidence standard, “we review the sufficiency of the evidence using a two-step analysis.”