Cited by
Opinions in Minnesota that cite State v. German, 929 N.W.2d 466.
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Ally Bank, Respondent,
Minn. Ct. App. 2026
“Although some accommodations may be made for pro se litigants, we generally hold them to the same standards as attorneys.” -77 (Minn. App. 2019).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
That is true but is not a circumstance proved because “the absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” -74 (Minn. App. 2019).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“Proof of either actual knowledge or reason to 5 Sanko also notes the absence of any expert testimony establishing that the minors depicted were “real.” But “the absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” -74 (Minn. App. 2019).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
I do have 1 other flavor & recipe to try if you want to or if this one isn’t up to 2 The state asserts that Traylor’s argument is flawed because Traylor “mistakenly relies on the lack of forensic evidence,” -74 (Minn. App. 2019) (holding that “the absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved”).
- State of Minnesota v. Justice King Whitelaw Minn. Ct. App. 2026
- State of Minnesota v. Justice King Whitelaw Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
d 466, 472 (Minn. App. 2019).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
explaining that “an assignment of error based on mere assertion and not supported by any argument or authorities in appellant’ s brief is [forfeited] and will not be considered on appeal unless prejudicial error is obvious on mere inspection” (quoting Schoepke v. Alexander Smith & Sons Carpet Co., ), rev. denied (Minn. May 28, 2025); -77 (Minn. App. 2019) (“Although some accommodations may be made for pro se litigants, we generally hold them to the same standards as attorneys.” (d 115, 119 (Minn
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
But when “circumstances are uncontroverted, come from a state witness, and are not necessarily contradictory to the verdict, they constitute circumstances proved.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“[T]he absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” -74 (Minn. 2019).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
But “where circumstances 7 are uncontroverted, come from a state witness, and are not necessarily contradictory to the verdict, they constitute circumstances proved.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Vialard also argues that there is a rational alternative hypothesis on whether she intended to obstruct her arrest because the circumstances proved are devoid of any evidence that she made “disparaging or violent statements toward law enforcement.” But “the absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” -74 (Minn. App. 2019).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“[T]he absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” - 74 (Minn. App. 2019).
- State of Minnesota v. Ahmed Farah Muhumed Minn. Ct. App. 2025
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State of Minnesota v. Ahmed Farah Muhumed
Minn. Ct. App. 2025
“[T]he absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” -74 (Minn. App. 2019).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“[W]here circumstances are uncontroverted, come from a state witness, and are not necessarily contradictory to the verdict, they constitute circumstances proved.”
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James Wayne Gamble, petitioner, Appellant,
Minn. Ct. App. 2025
Finally, the absence of “notebooks, ledgers, or cutting/manufacturing agents” does not support Gamble’s proposed inference, because “the absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” -74 (Minn. App. 2019).
- Derek Alexander Knapp v. Commissioner of Public Safety Minn. Ct. App. 2025
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Derek Alexander Knapp v. Commissioner of Public Safety
Minn. Ct. App. 2025
“Arguments are forfeited if they are presented in a summary and conclusory form, do not cite to applicable law, and fail to analyze the law when claiming that errors of law occurred.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
When uncontroverted accounts from the state’s witnesses “are not necessarily contradictory to the verdict, they constitute circumstances proved.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
-74 (Minn. App. 2019) (“[T]he absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
When uncontroverted accounts from the state’s witnesses “are not necessarily contradictory to the verdict, they constitute circumstances proved.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
And although the absence of evidence is not a circumstance proved and cannot support an alternative hypothesis, evidence tying a defendant directly to contraband supports a conviction by excluding alternative hypotheses.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
First, the absence of evidence is not a circumstance proved, -74 (Minn. App. 2019), and the latter three “circumstances proved” that appellant offers are inferences or mere allegations in support of inferences rather than circumstances proved.
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
We have held that “the absence of evidence in the record regarding a certain circumstance does not constitute a circumstance proved.” -74 (Minn. App. 2019).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- Jonathan Samael Greyblood, petitioner, Appellant, Minn. Ct. App. 2024
- State of Minnesota v. Jeremy Jermaine Chamberlain Minn. Ct. App. 2024
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State of Minnesota v. Jeremy Jermaine Chamberlain
Minn. Ct. App. 2024
(circumstances proved are those that are consistent with the jury verdict).
- State of Minnesota v. James Michael Peterson Minn. Ct. App. 2024
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State of Minnesota v. James Michael Peterson
Minn. Ct. App. 2024
We note that “where circumstances are uncontroverted, come from a state witness, and are not necessarily contradictory to the verdict, they constitute circumstances proved.”
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
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State of Minnesota v. Shawn Eric Clement
Minn. Ct. App. 2024
Although prosecutors may not “intentionally misstate the evidence,” they may present “all legitimate arguments on the evidence and all proper inferences that can be drawn from that evidence.” (quotation omitted).
- State of Minnesota v. Ali Ahmed Omar Minn. Ct. App. 2024
- State of Minnesota v. Ali Ahmed Omar Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
German, (the state can prove constructive possession using circumstantial evidence).
- State of Minnesota v. Raymond Allen Torgerson Minn. Ct. App. 2024
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State of Minnesota v. Raymond Allen Torgerson
Minn. Ct. App. 2024
(citing Hanson, d at 622).
- State of Minnesota v. Terry Allen Stewart Minn. Ct. App. 2023
- State of Minnesota v. Terry Allen Stewart Minn. Ct. App. 2023
- State of Minnesota v. Jack Guy Minn. Ct. App. 2023
- State of Minnesota v. Jack Guy Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Circumstances proved include evidence that supports the finding of guilt and any uncontroverted testimony of a state witness that is “not necessarily contradictory to the verdict.” d 466, 473 (Minn. App. 2019).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- In the Matter of the Welfare of: E. E. M., Child. Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Circumstances proved include evidence that supports the finding of guilt and uncontroverted testimony of a state witness that is “not necessarily contradictory to the verdict.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022