Cited by
Opinions in Minnesota that cite State v. Wiernasz, 584 N.W.2d 1.
- John Frederick Haugen, petitioner, Appellant, Minn. Ct. App. 2025
- Jesse Bruce Jensen, petitioner, Appellant, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Appellant is correct that, “the mere fact that questioning occurred in a suspect’s home does not by itself mean that the questioning was not custodial in nature.”
- Otto v. Comm'r Safety 924 N.W.2d 658 Minn. Ct. App. 2019
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Otto v. Comm'r Safety
924 N.W.2d 658
Minn. Ct. App. 2019
State v. Wiernasz , , 3 (Minn. 1998).
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
However, “the mere fact that questioning occurred in a suspect’s home does not by itself mean that the questioning was not custodial in nature.”
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Mohamad Safraz Haniff, petitioner, Appellant,
Minn. Ct. App. 2018
See Stansbury v. California, 511 U.S. 318, 325, 114 S. Ct. 1526, 1530 (1994)
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“ An appellate court reviews a [district] court’s findings of historical fact relating to the circumstances of the interrogation pursuant to the clearly erroneous test but makes an independent review of the [district] court [’]s determination regarding custody and the need for a Miranda warning.” State v. Sterling , d 162, 16 7-68 (Minn. 2013) (quoting State v. Wiernasz , (footnote omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- In the Matter of the Welfare of: T. D. B., Juvenile Minn. Ct. App. 2017
- State of Minnesota v. Deon Sinkfield, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Deon Sinkfield, Jr. Minn. Ct. App. 2015
- State of Minnesota v. William Joseph Rurup Minn. Ct. App. 2015
- State of Minnesota v. William Joseph Rurup Minn. Ct. App. 2015
- State of Minnesota v. Timothy John Bakken 871 N.W.2d 418 Minn. Ct. App. 2015
- State of Minnesota v. Timothy John Bakken 871 N.W.2d 418 Minn. Ct. App. 2015
- In the Matter of the Welfare of: L. S. H., Child. Minn. Ct. App. 2015
- In the Matter of the Welfare of: L. S. H., Child. Minn. Ct. App. 2015
- Jack Eugene Christiansen v. Commissioner of Public Safety Minn. Ct. App. 2014
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Jack Eugene Christiansen v. Commissioner of Public Safety
Minn. Ct. App. 2014
Safety, (), review denied (Minn. Dec.
- State v. Sterling 834 N.W.2d 162 Minn. 2013
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State v. Sterling
834 N.W.2d 162
Minn. 2013
“[A]n appellate court reviews a trial court’s findings of historical fact relating to the circumstances of the interrogation pursuant to the clearly erroneous test but makes *168 an independent review of the trial courts determination regarding custody and the need for a Miranda warning.” (footnote omitted).
- Rasmussen v. Two Harbors Fish Co. 832 N.W.2d 790 Minn. 2013
- State v. Scruggs 822 N.W.2d 631 Minn. 2012
- State v. Scruggs 822 N.W.2d 631 Minn. 2012
- State v. Vue 797 N.W.2d 5 Minn. 2011
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State v. Vue
797 N.W.2d 5
Minn. 2011
(citing Mathiason, 429 U.S. at 493-95 , 97 S.Ct.
- State v. Flowers 788 N.W.2d 120 Minn. 2010
- State v. Thompson 788 N.W.2d 485 Minn. 2010
- State v. Thompson 788 N.W.2d 485 Minn. 2010
- State v. Flowers 788 N.W.2d 120 Minn. 2010
- State v. Lopez 778 N.W.2d 700 Minn. 2010
- State v. Lopez 778 N.W.2d 700 Minn. 2010
- State v. Dressel 765 N.W.2d 419 Minn. Ct. App. 2009
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State v. Dressel
765 N.W.2d 419
Minn. Ct. App. 2009
See, -5 (Minn.1998) (considering but rejecting argument for suppression of post-polygraph statements based on Miranda).
- State v. Dobbins 725 N.W.2d 492 Minn. 2006
- State v. Dobbins 725 N.W.2d 492 Minn. 2006
- State v. Bourke 718 N.W.2d 922 Minn. 2006
- State v. Bourke 718 N.W.2d 922 Minn. 2006
- State v. Johnson 713 N.W.2d 64 Minn. Ct. App. 2006
- State v. Johnson 713 N.W.2d 64 Minn. Ct. App. 2006
- In Re the Welfare of D.S.M. 710 N.W.2d 795 Minn. Ct. App. 2006
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In Re the Welfare of D.S.M.
710 N.W.2d 795
Minn. Ct. App. 2006
ANALYSIS “[W]hethér a defendant was ‘in custody’ at the time of an interrogation is a mixed question of law and fact, requiring the appellate court to apply the controlling legal standard to historical facts as determined by the trial court.”
- State v. Fitzpatrick 690 N.W.2d 387 Minn. Ct. App. 2004
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State v. Fitzpatrick
690 N.W.2d 387
Minn. Ct. App. 2004
(stating that a mixed question of law and fact requires "the appellate court to apply the controlling legal standard to historical facts as determined by the trial court").
- State v. Bergerson 671 N.W.2d 197 Minn. Ct. App. 2003
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State v. Bergerson
671 N.W.2d 197
Minn. Ct. App. 2003
(in mixed questions of fact and law, factual findings are reviewed for clear error and legal determinations are reviewed independently).
- Chafoulias v. Peterson 668 N.W.2d 642 Minn. 2003