Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Bosman, 901 N.W.2d 917.
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“An error is prejudicial if there is a reasonable likelihood that the error had a significant e ffect on the jury’s verdict.” State v. Parker , (quotations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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Ryan Larson,
Minn. 2020
d 917, 921–22, 926–27 (Minn. 2017) (concluding that comments made by a county attorney at a press conference more than a year before trial did not affect the defendant’s substantial rights because the jurors were not aware of the statements).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Parker , (quotations 5 omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 294, 297-300 (Minn. 2006); see State v. Parker , -26 (Minn. 2017) (reiterating the standard).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A plain error affects substantial rights when “it was prejudicial and affected the outcome of the case, ” meaning “there is a reasonable likelihood that the error had a significant effect on the jur y’s verdict.” (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“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 , (quotations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- David Wayne Benolt, petitioner, Appellant, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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Reed v. State
925 N.W.2d 11
Minn. 2019
State v. Parker , , 926 (Minn. 2017).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 294, 297-300 (Minn. 2006); see State v. Parker , -26 (Minn. 2017) (reiterating the standard).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A plain error affects a defendant’s substantial rights when “it was pre judicial and affected the outcome of the case.” State v. Parker , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
In determining whether the misconduc t affected appellant’s substan tial rights, we consider various factors, including: “(1) the strength of the evidence against [the defendant]; (2) the pervasiveness of the erroneous conduct; and (3) whether [the defendant] had an opportunity to rebut any improper remarks.” Peltier, d at 805-06
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“A plain error affects a 6 defendant’s substantial rights if it was prejudicial and affect ed the outcome of the case.” State v. Parker , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See, e.g., State v. Parker , (defendant received sentence of 480 months for intentional second-degree murder); -48 (Minn. 2012) (defendant received sentence of 406 months for intentional second-degree murder); -81 (Minn. App. 2009) (defendant received sen
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
If the state fails to show that the error did not affect substantial rights, then we determine if the error should be addressed to “ensure fairness and the integrity of judicial proceedings.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State v. Johnson
915 N.W.2d 740
Minn. 2018
(citation omitted) (internal quotation marks omitted); see also State v. Parker , , 926 (Minn. 2017).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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Edson Celin Benitez Dominguez, petitioner, Appellant,
Minn. Ct. App. 2018
See State v. Parker , (affirming a district court’s upward departure based on zone of privacy where the defendant shot t he victim in the victim’s home).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Under this modified test, the defendant has the burden to prove the existence of an error that is plain.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Guidelines 4 (2010); n.3 (Minn. 2017) (determining departure duration from top of presumptive sentencing range).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
If the defendant establishes error that is plain, the burden shifts to the State to demonstrate that the plain error did not affect the defendant’s substantial rights.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Under this modified test, the defendant has the burden to prove the existence of an error that is plain.”