Cited by
Opinions in Minnesota that cite State v. Ostrem, 535 N.W.2d 916.
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State of Minnesota v. Joshua Deonte Moore
Minn. Ct. App. 2026
(stating that appellant “must point to [circumstances proved] that [are] consistent with a rational theory other than guilt”).
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State of Minnesota v. Francis Gregory Halling
Minn. Ct. App. 2026
See Firkus, d at 483 (“[W]e will not reverse a conviction based on mere conjecture.”) (quotation omitted); (stating appellant 9 “must point to evidence in the record that is consistent with a rational theory other than guilt” to successfully challenge guilty verdict based on circumstantial evidence).
- State of Minnesota v. Jim Duramax Whitcomb Minn. Ct. App. 2026
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State of Minnesota v. Jim Duramax Whitcomb
Minn. Ct. App. 2026
“[T]o succeed in a challenge to a verdict based on circumstantial evidence, a convicted person must point to evidence in the record that is consistent with a rational theory other than guilt.”
- Ashaunti Quantay Prowell v. State of Minnesota Minn. Ct. App. 2026
- Ashaunti Quantay Prowell v. State of Minnesota Minn. Ct. App. 2026
- State of Minnesota v. Edward James Lafore, Jr. Minn. Ct. App. 2025
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State of Minnesota v. Edward James Lafore, Jr.
Minn. Ct. App. 2025
See 10 Minnesota Practice, CRIMJIG 3.08 (2024) ().
- State of Minnesota v. Jamarcus Jamond Morris Minn. Ct. App. 2025
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State of Minnesota v. Jamarcus Jamond Morris
Minn. Ct. App. 2025
“Inconsistencies in the state’s case or possibilities of innocence do not require reversal of a jury verdict so long as the evidence taken as a whole makes such theories seem unreasonable.”
- State of Minnesota v. Lorenzo Devon Doby Minn. Ct. App. 2025
- State of Minnesota v. Guillermo Lenin Huaman Minn. Ct. App. 2025
- State of Minnesota v. Me’Darian Ledale McGruder Minn. Ct. App. 2025
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State of Minnesota v. Me’Darian Ledale McGruder
Minn. Ct. App. 2025
(noting that, for an inference to be rational, appellant must point to evidence in the record that is consistent with a rational theory other than guilt).
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State of Minnesota v. Letrell Marqueete Baggett
Minn. Ct. App. 2025
(noting that, for an inference to be rational, appellant must point to evidence in the record that is consistent with a rational theory other than guilt).
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State of Minnesota v. Michael Daniel Keller
Minn. Ct. App. 2025
However, “to succeed in a challenge to a verdict based on circumstantial evidence, a convicted person must point to evidence in the record that is consistent with a rational theory other than guilt.”
- State of Minnesota v. Larry Dusaun Gray Minn. Ct. App. 2024
- State of Minnesota v. Antonio Dirrell Hugh Minn. Ct. App. 2024
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State of Minnesota v. Antonio Dirrell Hugh
Minn. Ct. App. 2024
Al-Naseer, d at 480; see also Tscheu, d at 858; State v. 8 Ostrem, (noting that, for an inference to be rational, the appellant must point to evidence in the record that is consistent with a theory other than guilt).
- 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
“To impose liability under the aiding and abetting statute, the state must show some knowing role in the commission of the crime by a defendant who takes no steps to thwart its completion.” (quotation omitted); see also Minn. Stat. § 609.05, subd.
- State of Minnesota v. Marice Darnell King Minn. Ct. App. 2024
- State of Minnesota v. Keith Alan Powelson Minn. Ct. App. 2023
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State of Minnesota v. Keith Alan Powelson
Minn. Ct. App. 2023
(a hypothesis is not rational unless the appellant points to evidence in the record that is consistent with a theory other than guilt).
- State of Minnesota v. Henry James Johnson, Jr. Minn. Ct. App. 2023
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State of Minnesota v. Henry James Johnson, Jr.
Minn. Ct. App. 2023
See Al-Naseer, d at 473 (“We will not overturn a conviction based on circumstantial evidence on the basis of mere conjecture.” (quotation omitted)); (noting that a successful challenge to the sufficiency of the evidence must be based on evidence in the record).
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State of Minnesota v. Timothy Jason Williams
Minn. Ct. App. 2023
And “to succeed in a challenge to a verdict based on circumstantial evidence, a convicted person must point to evidence in the record that is consistent with a rational theory other than guilt.”
- State of Minnesota v. Antonio Eduardo Lopez Navarro Minn. Ct. App. 2023
- Carlos Kendall Duncan v. State of Minnesota Minn. Ct. App. 2023
- In the Matter of the Welfare of: N. B. M., Child Minn. Ct. App. 2023
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State of Minnesota v. James Irving Dale
Minn. Ct. App. 2023
(citing Simmons, 390 U.S. at 381).
- State of Minnesota v. Justin Kainoa Kaneakua Minn. Ct. App. 2023
- State of Minnesota v. Lance George Iwen Minn. Ct. App. 2023
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State of Minnesota v. John Mitchell Wiseman
Minn. Ct. App. 2023
ant did not show evidence was insufficient to sustain the verdict where it was theoretically possible that a third person was involved in and committed the crime, but there was physical forensic evidence connecting the appellant to the victim and the appellant pointed to no physical evidence in the record to provide reasonable support for his alternative hypothesis); d 916, 923 (Minn. 1995) (noting that a successful challenge to the sufficiency of the evidence must be based on evidence in the re
- State of Minnesota, Minn. 2023
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State of Minnesota v. Joshua John Larson
Minn. Ct. App. 2022
d 916, 921 (Minn. 1995).
- Anthony Emerson Howson v. State of Minnesota Minn. Ct. App. 2022
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State of Minnesota,
Minn. 2022
See Balandin , d at 217 (explaining that our standard of review requires us to “assume the fact -finder disbelieved any testimony conflicting with [its] verdict”); State v. Ostrem , (explaini ng that we view “the evidence in the light most favorable to the state,” when concluding sufficient evidence supported a conviction, despite the presence of conflicting evidence); State v. Bliss , (“Defendant’s attempt to retry his case by asking us to
- State of Minnesota v. Sao Yim, Jr. Minn. Ct. App. 2022
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State of Minnesota v. Tracy Cortez Stringer
Minn. Ct. App. 2021
“The first inquiry focuses on whether the procedure was unnecessarily suggestive.” ().
- State of Minnesota v. Warren James Northrup Minn. Ct. App. 2021
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State of Minnesota v. Logan Phillip Kirch
Minn. Ct. App. 2021
See Manson, 432 U.S. at 104, 97 S. Ct. at 2248 (condemning single-photo lineups); Simmons v. United States, 390 U.S. 377, 383–84, 88 S. Ct. 967, 971 (1968) (discouraging use of single photo); d 916, 921 (Minn. 1995) (presuming unnecessary suggestiveness of single-photo lineup and observing that courts “have [] widely condemned” this approach).
- State of Minnesota v. Ezekiel John Miller Minn. Ct. App. 2021
- State of Minnesota v. Kashka Kenya Shannon Minn. Ct. App. 2021
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State of Minnesota v. Liban Khalif Abdirahman
Minn. Ct. App. 2020
The evidence must allow a reasonable inference that the 6 defendant’s presence “is intended to and does aid the primary actors.” -25 (Minn. 1995) (quotations omitted).
- State of Minnesota v. Gary Christopher Petersen Minn. Ct. App. 2020
- Followed State of Minnesota v. Willie B. Brown, Jr. Minn. Ct. App. 2020
- State of Minnesota v. Lindsey Damien Mitchell Minn. Ct. App. 2020
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State of Minnesota v. Jared Otha Washington
Minn. Ct. App. 2020
The Minnesota Supreme Court has “long he ld that aiding and abetting is not a separate substantive offense.” (“It is undisputed that aiding and abetting is not a separate substantive offense.”); Minn. Stat. § 609.05, subd.
- Followed State of Minnesota v. Suvwe Peter Ighovojah Minn. Ct. App. 2020