Cited by
Opinions in Minnesota that cite Case v. Wood, 366 N.W.2d 103.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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Weston Palmer Harbison, petitioner, Appellant,
Minn. Ct. App. 2022
the district court has the inherent authority to consider such a motion.” -57 (Minn. App. 2002); see also State 6 v. Montjoy, -49 (Minn. 2008).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The Minnesota Supreme Court stated: “[i]t is pr oper for a prosecutor to talk about what the victim suffers and to talk about accountability, in order to help persuade the jury not to return a verdict based on sympathy for the defendant.”
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State v. Franson
921 N.W.2d 783
Minn. Ct. App. 2018
See State v. Montjoy , , 107-08 (Minn. 1985) ; see also State v. Papadakis , , 356-57 (Minn. App. 2002) (acknowledging district court's authority to consider motions to reconsider and stating that a motion to reconsider "may be the most efficient and preferable course of action" because it can spare parties the time and expen
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A prosecutor may talk about accountability “in order to help persuade the jury not to return a verdict based on sympathy for the defendant.” State v. Montjoy , , 109 (Minn. 1985).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
-57 (Minn. App. 2002) (-08 (Minn. 1985)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
It is acceptable “for a prosecutor to talk about what the victim suffers and to talk about accountability, in order to help persuade the jury not to return a verdict based on sympathy for the defendant.” State v. Montjoy
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State of Minnesota v. Abel Gonyamonquah Miamen
Minn. Ct. App. 2016
A prosecutor may “talk about accountability, in order to help persuade the jury not to return a verdict based on sympathy for the defendant,” provided the prosecutor does not emphasize accountability to the extent that it diverts the jury’s attention away from its role of “deciding whether the state has met its burden of proving defendant guilty beyond a reasonable doubt.”
- State of Minnesota v. Adam Dale Muellner Minn. Ct. App. 2015
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State of Minnesota v. Joshua Alan Pourrier
Minn. Ct. App. 2015
(prosecutors “should not emphasize accountability to such an extent as to divert the jury’s attention from its true role”).
- State of Minnesota v. Todd Timothy Clark Minn. Ct. App. 2014
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State of Minnesota v. Zacarias Lopez Sarmiento
Minn. Ct. App. 2014
The supreme court has also considered reopening an omnibus hearing preferable in situations where denying a motion to reopen would entail the “time, trouble and expense of an appeal.”
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State of Minnesota v. Lamar George Houston, Jr.
Minn. Ct. App. 2014
d 103, 109 (Minn. 1985).
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State of Minnesota v. Dayna Kristine Bell
Minn. Ct. App. 2014
rcumstances, and not when a prosecutor’s comments are merely likely to confuse.” d 739, 752 (Minn. 2010); see, -64 (Minn. 1995) (finding misconduct where the prosecutor told the jury that they would be “suckers” if they believed a defense witness and would need a sedative if they acquitted the defendant); -09 (Minn. 1985) (concluding that 20 misconduct occurred when the prosecutor repeatedly asked the jury to teach the defendant a lesson and stated that a defendant’s “rights end” when he commits
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State v. McDaniel
777 N.W.2d 739
Minn. 2010
See, -64 (Minn.1995) (finding misconduct where the prosecutor told the jury that they would be “suckers” if they believed a defense witness and would need a sedative if they acquitted the defendant); -09 (Minn.1985) (concluding that misconduct occurred when the prosecutor repeatedly asked the jury to teach the defendant a lesson and stated that a defendant’s “rights end” when he commits a crime).
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State v. Jones
753 N.W.2d 677
Minn. 2008
Jones argues that the testimony prejudiced his ability to establish “Mr. Jensen as an alternative perpetrator.” A prosecutor is permitted “to talk about what the victim suffers and to talk about accountability, in order to help persuade the jury not to return a verdict based on sympathy for the defendant.”
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Nunn v. State
753 N.W.2d 657
Minn. 2008
For example, “[i]t is proper for a prosecutor to talk about what the victim suffers and to talk about accountability, in order to help persuade the jury not to return a verdict based on sympathy for the defendant.”
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State v. Hobbs
713 N.W.2d 884
Minn. Ct. App. 2006
110— 11 (Minn.1985) (rejecting appellant's argument that the district court should have submitted an interrogatory to the jury regarding a statutory element of his sentence because a jury could not malte a factual finding where the statute required that the finding be “determined by the court”).
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State v. Morton
701 N.W.2d 225
Minn. 2005
We have stated that “[i]t is proper for a prosecutor to talk about what the victim suffers and to talk about accountability, in order to help persuade the jury not to return a verdict based on sympathy for the defendant.”
- Neal v. State 658 N.W.2d 536 Minn. 2003
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State v. Papadakis
643 N.W.2d 349
Minn. Ct. App. 2002
-08 (Minn.1985) (holding that prosecutor properly moved for clarification and reconsideration of omnibus order).
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State v. Gates
615 N.W.2d 331
Minn. 2000
One that is a confirmation of the truth.” The prosecutor’s -09 (Minn. 1985), where the prosecutor essentially asked the jury to teach the defendant a lesson.
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State v. Hannam
601 N.W.2d 454
Minn. Ct. App. 1999
-11 (Minn.1985) (“a defendant does not have to be convicted of an offense that has use of a firearm or dangerous weapon as an element in order for section 609.11 to apply,” and holding that it was not error for the trial court to refuse to submit a special verdict form asking whether a dangerous weapon had been us
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Criticized
State v. Griese
565 N.W.2d 419
Minn. 1997
In Salitros , in addition to disparaging the defense, the prosecutor also repeated almost verbatim an “accountability” -09 (Minn.1985), and, more importantly, suggested that constitutional rights “have never been designed to serve as a shield for the guilty to hide behind.” Salitros, d at 819 .
- State v. Coleman 560 N.W.2d 717 Minn. Ct. App. 1997
- State v. Johnson 551 N.W.2d 244 Minn. Ct. App. 1996
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State v. Lewis
547 N.W.2d 360
Minn. 1996
(prosecutors “should not emphasize accountability to such an extent as to divert the jury’s attention from its true role”); (comments suggesting that the jury represented the people of the community and that the verdict would determine the kind of con
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State v. Ford
539 N.W.2d 214
Minn. 1995
In the present case, we conclude that the prosecutor’s comments did not “divert the jury’s attention from its true role of deciding whether the state has met its burden of proving [the] defendant guilty beyond a reasonable doubt.”
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State v. Roan
532 N.W.2d 563
Minn. 1995
Appellant asserts the photographic line-up employed by police was “so unnecessarily suggestive as to create a ‘very substantial likelihood of irreparable misidentifieation.’ ” -07 (Minn.1985) (quoting Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct.
- State v. Thompson 520 N.W.2d 468 Minn. Ct. App. 1994
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Criticized
State v. Salitros
499 N.W.2d 815
Minn. 1993
(c) -09 (Minn.1985), we criticized the following argument by a prosecutor to the jury to think about “accountability”: This whole trial — you stop to think about it, the whole trial boils down to one word.
- State v. Doughty 472 N.W.2d 299 Minn. 1991
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State v. Brown
433 N.W.2d 433
Minn. Ct. App. 1988
17, 1986) (two counts of second degree assault arose from a single incident); (attempted first degree murder and criminal sexual conduct; prior conviction for aggravated robbery); aff'd, (aggravated robbery and kidnapping; prior convictions for aggravated robbery).
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State v. Lyons
423 N.W.2d 95
Minn. Ct. App. 1988
(timely motion to reopen and clarify an omnibus order granted by a second judge).
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State v. Porter
411 N.W.2d 187
Minn. Ct. App. 1987
Identification procedures may be rendered impermissibly suggestive if “under all the circumstances it appears that the identification procedures were so unnecessarily suggestive as to create a ‘very substantial likelihood of irreparable misidentification.’ ” -07 (Minn.1985) (quoting Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct.
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State v. Vance
392 N.W.2d 679
Minn. Ct. App. 1986
(lineup not impermissibly suggestive even though defendant was the only person with a beard and ages of participants varied within 12-year range).
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State v. Anderson
391 N.W.2d 527
Minn. Ct. App. 1986
II Lineup identification Appellant claims that the lineup violated his fourteenth amendment due process rights because it was “so unnecessarily suggestive as to create a ‘very substantial likelihood of irreparable misidentification.’ ” (quoting Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct.
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Marriage of Lindberg v. Lindberg
379 N.W.2d 575
Minn. Ct. App. 1986
for rev. granted, (applying principle to deny obligor father’s request for reimbursement of payments he made to obligee while the children were living with the father).