Cited by
Opinions in Minnesota that cite State of Minnesota v. Marcus Michael Barshaw, 879 N.W.2d 356.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(quotations and citations omitted).
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A18-1103
Minn. Ct. App. 2019
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.” State v. Barshaw
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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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.”
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Richard Willmar Rapatt, petitioner, Appellant,
Minn. Ct. App. 2018
“[T]he same standard of review [is used] in both bench and jury trials in evaluating the sufficiency of the evidence.” .
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(noti ng that appellate court defers to fact- finder’s credibility determinations).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“A finding of fact is not 4 clearly erroneous if it is reasonably supported by the evid ence as a whole.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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Nathan Thomas Tow-Arnett, petitioner, Appellant,
Minn. Ct. App. 2018
(“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.” (qu otation omitted)); Andersen, d at 329 (deferring to jury on weight and believabilit
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A factual finding “is not clearly erroneous if it is reasonably supported by the evidence as a whole.”
- State v. Rogers 912 N.W.2d 687 Minn. Ct. App. 2018
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State v. Rogers
912 N.W.2d 687
Minn. Ct. App. 2018
State v. Barshaw , , 363 (Minn. 2016).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See State v. Barshaw , (“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)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Intent is generally proved by circumstantial evidence by drawing inferences from the defendant’s words and acts in light of the totality of the circumstances, State v. Cooper , “and the events leading up to and immediately following the crime,”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This court “use[s] t he same standard of review in both bench and jury trials in evaluating the sufficiency of the evidence.”
- State v. Janecek 903 N.W.2d 426 Minn. Ct. App. 2017
- State v. Janecek 903 N.W.2d 426 Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This court “defer[s] to the fact- finder’s credibility determinations and assume[s] that the fact-finder disbelieved any evidence that conflicted with the verdict.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
the defendant’s conduct, the nature of the assault, and the events leading up to and immediately following the crime.”
- State of Minnesota v. Renee Anita Vasko 889 N.W.2d 551 Minn. 2017
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State of Minnesota v. Renee Anita Vasko
889 N.W.2d 551
Minn. 2017
(“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.’ ” ().
- State of Minnesota v. Irene Bernice Benjamin Minn. Ct. App. 2017
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State of Minnesota v. Irene Bernice Benjamin
Minn. Ct. App. 2017
“viewing the evidence presented in the light most favorable to the verdict, and assuming that the fact-finder disbelieved any evidence that conflicted with the verdict,” we conclude that the evidence is sufficient in this case because the above-described “circumstances proved are consistent with guilt and inconsistent with any rational hypothesis except that of guilt.” (quotations omitted) (describing standard of review for sufficiency of circumstantial evidence).
- State of Minnesota v. Bryan Blocker Minn. Ct. App. 2016
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State of Minnesota v. Bryan Blocker
Minn. Ct. App. 2016
Appellate courts “assum[e] that the fact-finder disbelieved any evidence that conflicted with the verdict.”
- State of Minnesota v. Yahye Elmi Abdisalan Minn. Ct. App. 2016
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State of Minnesota v. Yahye Elmi Abdisalan
Minn. Ct. App. 2016
This court “defer[s] to the fact- finder’s credibility determinations and assume[s] that the fact-finder disbelieved any evidence that conflicted with the verdict.” (quotation omitted).
- State of Minnesota v. Vincent Walker Minn. Ct. App. 2016
- State of Minnesota v. Sergey Alekseyevich Porada Minn. Ct. App. 2016
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State of Minnesota v. Vincent Walker
Minn. Ct. App. 2016
(discussing planning, activity, motive, and nature of killing); (discussing defendant’s actions before and after the murder).
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State of Minnesota v. Sergey Alekseyevich Porada
Minn. Ct. App. 2016
On a challenge to the sufficiency of the evidence, “we undertake a painstaking review of the record, and review the evidence to determine whether, given the facts in the record and the legitimate inferences that can be drawn from those facts, a [fact-finder] could reasonably conclude that the defendant was guilty of the offense charged.” (alteration in original) (quotation and citation omitted).
- State of Minnesota v. Anthony James Cox 884 N.W.2d 400 Minn. 2016
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State of Minnesota v. Anthony James Cox
884 N.W.2d 400
Minn. 2016
(identifying planning activity, motive, and the nature of the killing as relevant to premeditation); (same); Leake, d at 321 (identifying the defendant’s actions before and after the murder as relevant to premeditation).