Cited by
Opinions in Minnesota that cite State v. McNeil, 658 N.W.2d 228.
- State of Minnesota v. Alex Brody Nettestad Minn. Ct. App. 2026
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State of Minnesota v. Jorge Luis Sandoval
Minn. Ct. App. 2026
ed on the record, we cannot determine whether [the witness’s] violation of the trial court’s order was intentional or not; nonetheless, it was misconduct attributable to the prosecutor.”); (noting the state must prepare its witnesses so they “will not blurt out anything that might be inadmissible and prejudicial”); (“The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”).
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Criticized
State of Minnesota v. Casey Love
Minn. Ct. App. 2026
to encourage the jury to punish [the defendant] for what the prosecutor perceives as further victimization of the victim.” State v. McNeil
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State of Minnesota v. Dru Alexander Barrow
Minn. Ct. App. 2026
“The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”
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State of Minnesota v. Farhan Mohamed Hassan
Minn. Ct. App. 2026
“[T]he state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony .”
- State of Minnesota v. Brian James Krutchek Minn. Ct. App. 2025
- State of Minnesota v. Stacie Lynn LaClaire Minn. Ct. App. 2025
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State of Minnesota v. Clifton Dawayne Latimore Ingram
Minn. Ct. App. 2025
Unintentionally 6 eliciting inadmissible evidence may also be misconduct because the state “has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”
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State of Minnesota v. Freddrick Lee Johnson
Minn. Ct. App. 2025
The state agrees that Officer Wells’s testimony includes inadmissible evidence but asserts that the prosecutor did not engage in misconduct because the prosecutor attempted to prepare Officer Wells and did not intentionally elicit inadmissible testimony.1 “The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”
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State of Minnesota v. Christopher Don Boswell
Minn. Ct. App. 2025
In the context of prosecutorial misconduct, even “an intentional elicitation of impermissible testimony, although erroneous, will warrant reversal only when it is likely that the impermissible testimony substantially weighed on the jury’s decision.”
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State of Minnesota v. Carlos Ramone Sargent
Minn. Ct. App. 2025
This duty includes “prepar[ing] [the state’s] witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”
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State of Minnesota v. Servando Suarez Rivera
Minn. Ct. App. 2024
Particularly in sexual abuse cases, which “inevitably evoke an emotional reaction” and “where credibility is the central issue,” any attempt “to exacerbate this natural reaction by making any emotive appeal to the jury is likely to be highly prejudicial.” (quotation marks omitted); rev. denied (Minn. Sept.
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State of Minnesota v. Thomas James Horton, Jr.
Minn. Ct. App. 2024
” (quotation omitted); -32 (Minn. App. 2003).
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State of Minnesota v. Deondre Demetrius Ramsey
Minn. Ct. App. 2024
“[T]he state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony.”
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State of Minnesota v. William Kenneth Pike
Minn. Ct. App. 2024
A prosecuting attorney “has a duty to prepare [their] witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.” (d 639, 641 (Minn. 1978)).
- State of Minnesota v. Ronnie Price Minn. Ct. App. 2024
- State of Minnesota v. Ronnie Price Minn. Ct. App. 2024
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State of Minnesota v. Winlaw Barratt Bramley, III
Minn. Ct. App. 2024
Ramey, d at 299 (“the proper legal standard for determining prejudice is whether the plain error affected the defendant’s substantial rights.”); (holding no prejudice where state had a strong case and prosecutor’s statements about the challenged evidence were brief); -33 (Minn. App. 2003) (holding that evidence of appellant’s abuse included graphic, consistent testimony from victim, such that the prosecutor’s soliciting vouching testimony did not substantially affect the verdict).
- State of Minnesota v. Brandon Charles Brown Minn. Ct. App. 2024
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State of Minnesota v. Sarah Jean Solien
Minn. Ct. App. 2023
[that] the state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony.”
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State of Minnesota v. Clifton Scott Campbell
Minn. Ct. App. 2023
Because Campbell’s pretrial motion to prohibit testimony involving a weapon operates as a timely objection, n.1 (Minn. App. 2003), we review under the harmless-error standard, d 629, 633 (Minn. 2011).
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State of Minnesota v. Michael James Lovestrand
Minn. Ct. App. 2023
(d 368, 373 (Minn. 1979)).
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State of Minnesota v. Gordy Lee Burkhart
Minn. Ct. App. 2023
(noting that “the state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony”).
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State of Minnesota v. Derek Michael Chauvin
Minn. Ct. App. 2023
“The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”
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State of Minnesota v. Jeramy John Wharton
Minn. Ct. App. 2023
rev. denied (Minn. June 25, 2003).
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State of Minnesota v. Melvin Charles Kingbird
Minn. Ct. App. 2022
See State v. McNeil , (noting that “the state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony”).
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State of Minnesota v. Christian Portillo
Minn. Ct. App. 2022
But that was a relevant consideration because this court is “much more likely to find prejudicial misconduct when the state intentionally elicits impermissible 6 testimony.”
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State of Minnesota v. Tialee Marie Grassini
Minn. Ct. App. 2022
[that] the state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony.”
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State of Minnesota v. Edbin Jose Coreas
Minn. Ct. App. 2022
“The state has a duty to prepare its witnesses, prior to testifyi ng, to avoid inadmissible or prejudicial statements.” State v. 6 McNeil, (citing State v. Carlson , d 639, 641 (Minn. 1978)).
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State of Minnesota v. Toman Davin Matthews
Minn. Ct. App. 2022
this court concluded that there was "no doubt that it was misconduct" for the prosecutor to ask the mother of an alleged sex-abuse victim whether she believed her daughter's allegations.
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State of Minnesota v. Christopher Scott Bailey
Minn. Ct. App. 2022
See, e.g., State v. McNeil , (finding that prosecutor’s improper statements in closing arguments did not impair defendant’s ri ght to fair trial “giv en the extraordinary weight of the evidence”).
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State of Minnesota v. Matthew Steven Kimmes
Minn. Ct. App. 2021
See State v. McNeil , (“A reviewing court is much more likely to find prejudicial misconduct when the state intentionally elicits impermissible testimony.”).
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State of Minnesota v. Shuxin Lan
Minn. Ct. App. 2021
Generally, “arguments that invite the jurors to put th emselves in the shoes of the victim are considered improper.” (stating that it is misconduct for prosecutor to evoke sympathy for the victim).
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State of Minnesota v. Dominic Andre Rundles
Minn. Ct. App. 2021
VI; Minn. Const. art. I, § 6; .
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State of Minnesota v. Olga Nichols
Minn. Ct. App. 2021
And it is well established that the prosecutor has the “absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissib le testimony.” State v. McNeil
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State of Minnesota v. Robert Lee Fettig
Minn. Ct. App. 2020
” State v. McNeil , -32 (Minn. App. 2003).
- State of Minnesota v. Ronald James Lipe Minn. Ct. App. 2019
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State of Minnesota v. Gerald James Risk
Minn. Ct. App. 2019
14 “The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.” State v. McNeil
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State of Minnesota v. Antonio Fransion Jenkins, Sr.
Minn. Ct. App. 2019
If a prosecutor intentionally elicits inadmissible evidence from a state’s witness, a new trial may be appropriate if the inadmissible evidence was prejudicial in the sense that it “played a substantial part in influencing the jury to convict.” See State v. McDaniel , (quotation omitted) ; see also State v. McNeil , -32 (Minn. App. 2003); cf. State v. Mahkuk , -90 (Minn. 2007) (cautioning that reversal may be appropriate re medy for intentionally eliciting inadmissible evidence even if not preju
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State of Minnesota v. Blanyon Toe Davies
Minn. Ct. App. 2019
“The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.” State v. McNeil
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State of Minnesota v. Victor Wayne Lynch
Minn. Ct. App. 2019
If a prosecutor intentionally elicits inadmissible evidence from a state’s witness, reversal of a conviction is appropriate if the inadmissible evidence was prejudicial in the sense that it “played [a] substantial part in convincing the jury of the defendant’s guilt.” Id.; -32 (Minn. App. 2003); cf. State v. Mahkuk , -90 (Mi nn.
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State of Minnesota v. Tavean Greggory McRelly
Minn. Ct. App. 2019
State v. McNeil , n.1 (Minn. App. 2003).
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State of Minnesota v. DeAntae Demond Davis
Minn. Ct. App. 2018
“The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.” d 228, 232 (Minn. App. 2003).
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State of Minnesota v. John Thomas Owen
Minn. Ct. App. 2018
And the prosecutor “may argue as to the credibility of witnesses but may not throw his own opinion onto the scales of credibility.” , review denied (Minn. June 25, 2003).
- State v. Patzold 917 N.W.2d 798 Minn. Ct. App. 2018
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State v. Patzold
917 N.W.2d 798
Minn. Ct. App. 2018
State v. McNeil , , 232 (Minn. App. 2003).
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Criticized
State of Minnesota v. Maurice Ray Washington
Minn. Ct. App. 2018
See State v. McNeil , (“It is misconduct for a prosecutor to attack a defendant for exercising his right to a fair trial.”).
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State of Minnesota v. Kyle Grayling Tweed
Minn. Ct. App. 2018
“Minnesota law is crystal clear on this issue—the state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony.” d 228, 232 (Minn. App. 2003).
- State of Minnesota v. Anthony Ruben Lucero Minn. Ct. App. 2018
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State of Minnesota v. Donald Charles Ancke
Minn. Ct. App. 2018
Based on this ruling, the prosecuting attorney was required to prepare the state’s witnesses by notifying them of the court’s ruling and instructing them not to refer to Ancke’s drug possession.4 d 228, 232 (Minn. App. 2003) (“Minnesota law is crystal clear” that the prosecutor “has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony.”).