Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Bosman, 901 N.W.2d 917.
- State of Minnesota v. Richard Charles Graves Minn. Ct. App. 2026
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State of Minnesota v. Tony Dean Boos
Minn. Ct. App. 2026
If the state fails to meet its burden, we then “consider whether the error should be addressed to ensure fairness and the integrity of judicial proceedings.”
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Juan Pachuco Silva v. State of Minnesota
Minn. Ct. App. 2026
If the state does not meet its burden, the reviewing court considers “whether the error should be addressed to ensure fairness and the integrity of judicial proceedings.”
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State of Minnesota v. Benard Mogaka Okero
Minn. Ct. App. 2026
“If the State 10 fails to demonstrate that the alleged error did not affect the defendant’s substantial rights, [appellate courts] consider whether the error should be addressed to ensure fairness and the integrity of judicial proceedings.”
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State of Minnesota v. Josiah David Delvecchio
Minn. Ct. App. 2025
“If the State fails to demonstrate that the alleged error did not affect the defendant’s substantial rights, we consider whether the error should be addressed to ensure fairness and the integrity of judicial proceedings.”
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State of Minnesota v. Terry Soloman Price
Minn. Ct. App. 2025
If the state fails to carry its burden, the reviewing court “consider[s] whether 13 the error should be addressed to ensure fairness and the integrity of judicial proceedings.”
- State of Minnesota v. Stacie Lynn LaClaire Minn. Ct. App. 2025
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State of Minnesota v. Anthony Jabri Santos
Minn. Ct. App. 2025
If the appellant establishes plain error, “the burden shifts to the [s]tate to demonstrate that the plain error did not affect the [appellant]’s substantial rights.”
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State of Minnesota v. Brenden Jamel Reynolds
Minn. Ct. App. 2025
And in State v. Parker, the supreme court rejected an appellant’s argument that an “additional rationale” is required before concluding that an aggravating factor “is a sufficient basis to enhance a sentence from the presumptive guidelines range.” d 917, 928–29 (Minn. 2017).
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State of Minnesota v. Jacoby Jermaine Edwards
Minn. Ct. App. 2025
See, - 29 (Minn. 2017) (affirming reliance on zone-of- privacy aggravating factor based on jury’s finding that crime occurred in victim’s home); d 579, 583 (Minn. 2024) (affirming reliance on zone-of-privacy aggravating factor based on jury’s finding that crime occurred in victim’s bedroom
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State of Minnesota v. John Joseph Hare
Minn. Ct. App. 2025
“To evaluate the effect on substantial rights, we consider various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.” State v. Parker , (quotation omitted).
- State of Minnesota v. Gabriel Macedo Minn. Ct. App. 2025
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State of Minnesota v. Christopher Gregory Roth
Minn. Ct. App. 2024
“To evaluate the effect on substantial rights, we consider various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotation omitted).
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State of Minnesota v. Russell James Bankey
Minn. Ct. App. 2024
d 917, 926 (Minn. 2017).
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State of Minnesota v. Andy Joseph Hedlund
Minn. Ct. App. 2024
In evaluating whether a defendant’s substantial rights were affected, this court considers “the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotation omitted).
- State of Minnesota v. Clinton Albert Christopher Juring Minn. Ct. App. 2024
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State of Minnesota v. Jonathan Gary Phipps
Minn. Ct. App. 2024
To evaluate the effect of the alleged misconduct on Phipps’s substantial rights, we “consider various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotation omitted).
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State of Minnesota v. Cory Gene Dustan Lutz
Minn. Ct. App. 2024
“To evaluate the effect on substantial rights, we consider various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotations omitted).
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State of Minnesota v. Timothy Allen Amacher
Minn. Ct. App. 2024
If the sta te fails to meet its burden on the substantial-rights prong, then we consider “whether the error should be addressed to ensure fairness and the integrity of judicial proceedings.” d 917, 926 (Minn. 2017).
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State of Minnesota v. Jerry Arnold Westrom
6 N.W.3d 145
Minn. 2024
15 prongs and the State fails to satisfy the third prong, we determine “whether the error should be addressed to ensure fairness and the integrity of the judicial proceedings.” Id.
- State of Minnesota v. Dylan Thomas Peterson Minn. Ct. App. 2024
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
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State of Minnesota v. Curtis Lablanche Vanengen
Minn. 2024
departure: a victim must “contend psychologically not only with the fact that she was sexually assaulted in a brutal way but also with the fact that her home is no longer the island of security that she perhaps thought it was.” (recognizing the zone-of-privacy aggravating factor in a criminal sexual conduct case); –29 (Minn. 2017) 6 (recognizing application of the zone-of-privacy aggravating factor when “the crime caused either a continuing fear of harm in the home or involved a deliberate invas
- State of Minnesota v. Paul Bradley Lanphear Minn. Ct. App. 2023
- State of Minnesota v. Trejuan Dominic Miller Minn. Ct. App. 2023
- State of Minnesota v. Kristopher Daniel Schwabe Minn. Ct. App. 2023
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State of Minnesota v. Gerald Floyd Crain, Jr.
Minn. Ct. App. 2023
An error affects an appellant’s substantial rights if “there is a reasonable likelihood that the error had a significant effect on the jury’s verdict” and the error “affected the outcome of the case.” (quotations omitted).
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State of Minnesota v. William Joseph Young
Minn. Ct. App. 2023
“To evaluate the effect on substantial rights, [appellate courts] consider various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.” State v. Parker , (quotation and citation omitted).
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State of Minnesota v. David NMN Alonzo
Minn. Ct. App. 2023
To determine whether misconduct significantly impacted a jury verdict, we consider “the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotation omitted).
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State of Minnesota v. Raytavien Rashad Richardson
Minn. Ct. App. 2023
“A plain error affects a defendant ’s substantial rights if it was prejudicial and affected the outcome of the case.” State v. Parker , (quotation omitted) .
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State of Minnesota v. Noe Roushbel Gonzalez
Minn. Ct. App. 2022
To determine whether the alleged prosecutorial misconduct significantly impacted the jury’s verdict, we consider “the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotation omitted).
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State of Minnesota v. Dontae Deshaun White
Minn. Ct. App. 2022
To determine whether there is a reasonable likelihood that alleged misconduct significantly affect the verdict, we consider “ the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotation omitted).
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State of Minnesota v. Christian Portillo
Minn. Ct. App. 2022
To determine whether the misconduct significantly impacted the jury verdict, we consider “the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotation omitted).
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State of Minnesota v. Steven John Moore
Minn. Ct. App. 2022
Once Moore establishes a plain error, “the burden shifts to the State to demonstrate that the plain error did not affect the [appellant]’s substantial rights.”
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State of Minnesota v. Michael Lashone Ferguson
Minn. Ct. App. 2022
We so hold after “we [have] c onsider[ed] various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.”
- State of Minnesota v. Derrick Lemar Forest Minn. Ct. App. 2022
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State of Minnesota v. Matthew Lynn Jansen
Minn. Ct. App. 2022
-28 (Minn. 2017) (reversing our decision that the zone-of-privacy factor did not support an upw ard departure where no additional rationale provided substantial and compelling circumstances for the departure and affirming the district court’s imposition of the upward departure based solely on the zone-of- priv
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State of Minnesota v. Adam Lee Bush
Minn. Ct. App. 2021
If the appellant establishes pl ain error, “the burden shifts to the [s]tate to demonstrate that the plain error did not affect the [appellant]’s substantial rights.”
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Paul Matthew Ashfeld v. State of Minnesota
Minn. Ct. App. 2021
If th e appellant establishes plain error, “the 13 burden shifts to the State to demonstrate that the plain error did not affect the [appellant]’s substantial rights.”
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Brian Ford Dowell v. State of Minnesota
Minn. Ct. App. 2021
An error affects substantial rights when “there is a ‘reasonable likelihood’ that the absence of the error would have had a ‘significant effect’ 5 on the jury ’s verdict.” “[T]he burden shifts to the [s]tate to demonstrate that the plain error did not affect the [appellant]’s substantial rights.”
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Abdirahman Dayib Ahmed v. State of Minnesota
Minn. Ct. App. 2021
“[W]e consider the strength of the evidence against the defendant, the pervasiveness of the improper suggestions, and whether the defendant had an opportunity to (or made efforts to) rebut the improper suggestions.” see also State v. Parker
- State of Minnesota v. Gabriel Miguel Mitchell Minn. Ct. App. 2021
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State of Minnesota v. Jessica Katherine James
Minn. Ct. App. 2021
If the appellant establishes plain error, “the burden shifts to the [s]tate to demonstrate that the plain error did not affect the [appellant]’s substantial rights.”
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State of Minnesota v. Quinten Lavel Osgood, Jr.
Minn. Ct. App. 2021
If the appellant establishes such a plain error, “the burden shifts to the [s] tate to demonstrate that the plain error did not affect the defendant’ s substantial rights.”
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State of Minnesota v. Jeffrey Alan Martin
Minn. Ct. App. 2021
“To evaluate the effect on substantial rights, we consider various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.” (quotations omitted).
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State of Minnesota v. Heidi Halvorson Rivers
Minn. Ct. App. 2021
“[I]f the [s]tate meets its burden, we need not decide whether the prosecutor committed an error that was plain.” State v. Parker
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State of Minnesota v. Paul Andrew Youngstedt
Minn. Ct. App. 2020
In evaluating the effect on substantial rights, this court “consider[s] various factors, including the pervasiveness of improper suggestions and the strength of evidence against the defendant.” State v. Parker , 926 (Minn. 2017) (quotation omitted).
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State of Minnesota v. Steven LeCuyer
Minn. Ct. App. 2020
See Minn. R. 4 If the state fails to meet this burden, this court then considers whether to address the error “to ensure fairness and the integr ity of judicial proceedings.” State v. Parker
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State of Minnesota v. Richard Lee Peterson
Minn. Ct. App. 2020
If the state fails to establish th at the misconduct did not affect Peterson’s substantial rights, we then consider whether to address the error “to ensure fairness and the integrity of judicial proceedings.”
- State of Minnesota v. Brandon Joseph Rossbach Minn. Ct. App. 2020