Cited by
Opinions in Minnesota that cite State v. McNeil, 658 N.W.2d 228.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Sexual -abuse cases inevitably evoke an emotional reaction, and any attempt by the prosecutor to exacerbate this natural reaction by making any emotive appeal to the jury is likely to be highly prejudicial.” State v. McNeil , (quotation omitted).
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Marcus Fultz, petitioner, Appellant,
Minn. Ct. App. 2018
“Prosecutors have a dut y not to win a case by any means necessary but to see that justice is done ,” and “[j]ustice is done only when the accused, regardless of guilt or innocence, receives a fair trial.” 1 “In postconviction proceedings, the defendant has the burden of establishing .
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
the state has an absolute duty to prepare its witnesses to ensure th at they are aware of the limits of permissible testimony.” State v. McNeil , (emphasis added).
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The State of Minnesota, Respondent,
Minn. Ct. App. 2018
d 919, 926 (Minn. 2002) (presuming that jurors follow curative instructions); (considering whether impermissible testimony substantially affected the jury’s decision).
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Antonio Xavier Daniels, petitioner, Appellant,
Minn. Ct. App. 2018
“When reviewing alleged [prosecutorial] misconduct in closing statements, this court must look at the whole argument in context, not just selective phrases or remarks.” (citing State v. Walsh , ).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- Joseph Paul Myers, petitioner, Appellant, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
B. Impact on the Children Grazzini-Rucki argues that the state’s discussion of the impact of Grazzini-Rucki’s actions on her children improperly urged jurors to “put themselves in the shoes of the victim,” or evoked juror sympathy by commenting on issues unrelated to the evidence, - 35 (Minn. App. 2003).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
[that] the state has an absolute duty to prepare its witnesses to ensure that they are aware of the limits of permissible testimony.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
( (citing State v. Huffstutler, 269 Minn. 153, 155 -56, )).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See, (holding that prosecutorial misconduct did not deny a defendant a fair trial because it was outweighed by the victim’s testimony).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“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, Respondent,
Minn. Ct. App. 2017
Moreover, “[t]he state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.” d 228, 232 (Minn. App. 2003) (), review denied (Minn. June 25, 2003); see also State v. Hogetvedt , (“The state has a duty to ensure that its witnesses know the limits of permissible testimony.”), review denied (Minn. May 29
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See State v. McNeil , d 228, 236 (Minn. App. 2003) (holding that prosecutorial miscond uct was outweighed by victim’s testimony).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Appellate courts are “much more likely to find prejudicial misconduct when the state intentionally elicits impermissible testimony.”
- State of Minnesota v. Prince Antonio Dequante Jones Minn. Ct. App. 2016
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State of Minnesota v. Prince Antonio Dequante Jones
Minn. Ct. App. 2016
(holding that prosecutorial misconduct did not deny a defendant his right to a fair trial because it was outweighed by the victim’s testimony).
- State of Minnesota v. Benjamin Danton Newman Minn. Ct. App. 2016
- State of Minnesota v. Benjamin Danton Newman Minn. Ct. App. 2016
- State of Minnesota v. Raymond Joseph Traylor Minn. Ct. App. 2016
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State of Minnesota v. Raymond Joseph Traylor
Minn. Ct. App. 2016
But “[i]t is misconduct for a prosecutor to attack a defendant for exercising his right to a fair trial and to encourage the jury to punish him for what the prosecutor perceives as further victimization of the victim.”
- State of Minnesota v. Emem Ufot Udoh Minn. Ct. App. 2016
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State of Minnesota v. Emem Ufot Udoh
Minn. Ct. App. 2016
“A prosecutor may argue as to the credibility of witnesses but may not throw [her] own opinion onto the scales of credibility.”
- State of Minnesota v. Jeremiah Thomas Lord Minn. Ct. App. 2015
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State of Minnesota v. Jeremiah Thomas Lord
Minn. Ct. App. 2015
what precipitated her suicide attempt, and she answered that she “hear[d] so many negative words that I started to believe them and just thought that I wasn’t worth it or that I really was a bad mother.” The state is required “to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”
- State of Minnesota v. Duane Edwin Koski Minn. Ct. App. 2015
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State of Minnesota v. Duane Edwin Koski
Minn. Ct. App. 2015
“A reviewing court is much more likely to find prejudicial misconduct when the state intentionally elicits impermissible testimony.”
- State of Minnesota v. Kevin Lee Savoie, Sr. Minn. Ct. App. 2014
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State of Minnesota v. Kevin Lee Savoie, Sr.
Minn. Ct. App. 2014
The prosecutor also has a duty to prepare the state’s witnesses “to avoid inadmissible or prejudicial statements.” 3
- Michael Cordale Henderson v. State of Minnesota Minn. Ct. App. 2014
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Michael Cordale Henderson v. State of Minnesota
Minn. Ct. App. 2014
B. Statement that A.L. relived her nightmare To argue that the prosecutor’s statement that A.L. relived her nightmare during cross-examination was misconduct, (concluding that prosecutor committed misconduct, but did not deprive the defendant of a fair trial, by stating that defendant victimized the victim again 6 by requiring her to testify).
- State of Minnesota v. Dontrell Dyna Flowers Minn. Ct. App. 2014
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State of Minnesota v. Dontrell Dyna Flowers
Minn. Ct. App. 2014
A. Failing to prepare “The state has a duty to prepare its witnesses, prior to testifying, to avoid inadmissible or prejudicial statements.”
- State v. Robideau 783 N.W.2d 390 Minn. Ct. App. 2010
- State v. Robideau 783 N.W.2d 390 Minn. Ct. App. 2010
- Finnegan v. State 764 N.W.2d 856 Minn. Ct. App. 2009
- Finnegan v. State 764 N.W.2d 856 Minn. Ct. App. 2009
- State v. Graham 764 N.W.2d 340 Minn. 2009
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State v. Graham
764 N.W.2d 340
Minn. 2009
For his argument, -35 (Minn.App.2003), which concerned the sexual abuse of a child.
- State v. Jones 755 N.W.2d 341 Minn. Ct. App. 2008
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State v. Jones
755 N.W.2d 341
Minn. Ct. App. 2008
-36 (Minn.App.2003) (stating that the prosecutor must avoid inflaming the jury’s passions and prejudices against the defendant).