Cited by
Opinions in Minnesota that cite State of Minnesota v. Neal Curtis Zumberge, 888 N.W.2d 688.
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(victim said, “I’m 15 going to kill that [woman]”); (victim tried to punch defendant); –24 (Minn. 2006) (victim kicked and shot defendant); (victim hit defen
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
The abuse-of-discretion standard applies even if a “defendant claims that the exclusion of evidence deprived him of his constitutional right to a meaningful opportunity to present a complete defense.” d 688, 694 (Minn. 2017).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
The abuse -of-discretion standard applies even if a “defendant claims that th e exclusion of evidence deprived him of his constitutional right to a meaningful opportunity to present a complete defense.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We apply t he abuse -of-discretion standard to the district court’s evidentiary rulings even when “the defendant claims that the exclusion of evidence deprived him of his constitutional right to a meaningful opportunity to present a complete defense.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“We review a district court’s evidentiary rulings for abuse of discretion, even when, as here, the defendant claims that the exclusion of evidence deprived him of his constitutional right to a meaningful opportunity to present a complete defense.”
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State of Minnesota,
Minn. 2021
Beginning in 1970 and most recently in 2017 , we have cited the particular-person exclusion in at least 13 cases when rejecting defendants’ arguments that they were entitled to jury instructions on depraved-mind murder.
- Paul Matthew Ashfeld, petitioner, Appellant, 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
We apply discretionary review “even when, as here, the defendant claims that the exclusion of evidence deprived him of his constitutional right to a meaningful opportunity to present a complete defense.”
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
A viable self-defense claim has four elements: “(1) the absence of aggression or provocation by the defendant, (2) the defendant’s actual and honest belief that he or another was in imminent danger of death or 6 great bodily harm, (3) the existenc e of reasonable grounds for the belief, and (4) the absence of a reasonable possibility of retreat to avoid danger.” State v. Zumberge
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
struct the jury on a lesser-included offense when “(1) the lesser offense is included in the charged offense; (2) the evidence provides a rational basis for acquitting the defendant of the charged offense; and (3) the evidence provides a rational basis for convicting the defendant of the lesser-included offense.” Troxel v. State, 8 accord State v. Zumberge
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
This court will review a district court’s evidentiary rulings “for abuse of discretion, even when, as here , the defendant claims that exclusion of evidence deprived him of his constitutional right to a meaningful opportunity 10 to present a complete defens e.”
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State of Minnesota,
Minn. 2020
We have also recognized that “every lesser d egree of murder is an included offense.” State v. Zumberge
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
d 688, 697 (Minn. 2017) (“A defendant is prejudiced when the [fact -finder] may have convicted the defendant of only the lesser offense had the lesser -included-offense instruction been given.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
-07 (Minn. 1997).9 But even if the district court abuses its discretion, “we reverse only if the exclusion of eviden ce was not harmless beyond a reasonable doubt.”
- Neal Curtis Zumberge, Minn. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- 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
see also Minn. Stat. § 609.06, subd.
- 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. 2018
This court reviews “a district court’s evidentiary rulings for abuse of discretion, even when, as here, the [appellant] claims that the exclusion of evidence deprived him of his constitutional right to a meaningful opportunity to present a comp lete defense.” State v. Zumberge
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
at 595, 597, and determine whether “(1) the lesser offense is included in the charged offense, (2) the evidence provides a rational basis for acquitting the defendant of the offense charged, and (3) the evidence provides a rational basis for convicting the defendant of the lesser-included offense,”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
This standard of review applies even when “the defendant claims that the exclusion of evidence deprived him of his constitutional right to a meaningful opportunity to present a complete defense.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“When self-defense is asserted, evidence of a specific act is admissible only to show that a defendant reasonably feared great bod ily harm, provided that the defendant proves that he knew of the specific act at the time of the alleged offense,” and “where commonsense indicates that these acts could legitimately affect a defendant’s apprehensions,” State v. Matthews, 301 Minn. 133, 134
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
This court reviews “a district court’s evidentiary rulings for abuse of discretion, even when, as here, the defendant claims that the ex clusion of evidence deprived him of his constitutional right to a meaningful opport unity to present a complete defense.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
at 598 (emphasis added) ; see also State v. Zumberge
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
6 deprived him of his constitutional right to a meaningful opportunity to present a complete defense.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
This court “review[s] the denial of a re quested lesser-included-offense instruction for an abuse of discretion.”
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
see also Minn. Stat. § 609.06, subd.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This standa rd of review applies even when “the defendant claims that the excl usion of evidence deprived him of his constitutional right to a meaningful opportu nity to present a complete defense.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(“In Minnesota, every lesser degree of murder is an inc luded offense.”).
- Loving v. State 891 N.W.2d 638 Minn. 2017
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Loving v. State
891 N.W.2d 638
Minn. 2017
(“Specific-acts evidence is admissible on self-defense only if the defendant knew of the act at the time of the offense.”).