Cited by
Opinions in Minnesota that cite State v. Azure, 621 N.W.2d 721.
- State of Minnesota v. Mitchel Jerome Kasper Minn. Ct. App. 2023
- State of Minnesota v. Mitchel Jerome Kasper Minn. Ct. App. 2023
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Catherine Marie Schaefer, Respondent,
Minn. Ct. App. 2020
“Such a writ prevents a judge from proceeding in a matter where he has been disqualified by a properly filed notice of removal” and “avoid[ s] the possibl[e] waste of time, money, and effort requi red of all parties by a procedure which might involve two trials and possibly two appeals in order to adjudicate the issue.” d 721, 725 n.3 (Minn. 2001) ( quotation omitted).
- State v. Atwood 914 N.W.2d 422 Minn. Ct. App. 2018
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State v. Atwood
914 N.W.2d 422
Minn. Ct. App. 2018
State v. Azure , , 723 (Minn. 2001).
- State of Minnesota v. Lionel Curtis Drew 889 N.W.2d 323 Minn. Ct. App. 2017
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State of Minnesota v. Lionel Curtis Drew
889 N.W.2d 323
Minn. Ct. App. 2017
The issue of whether a statute is substantive or procedural “involves the construction of statutes and rules which is subject to de novo review.”
- MicLeonard James Fisherman, Jr. v. State of Minnesota Minn. Ct. App. 2016
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MicLeonard James Fisherman, Jr. v. State of Minnesota
Minn. Ct. App. 2016
-25 (Minn. 2001) (holding that a defendant waived his right to remove the assigned district court judge by failing to bring his motion for removal “in a timely manner”).
- Keith Richard Rossberg v. State of Minnesota 874 N.W.2d 786 Minn. 2016
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Keith Richard Rossberg v. State of Minnesota
874 N.W.2d 786
Minn. 2016
(holding that Minn. R. Crim.
- State of Minnesota v. Alton Dominique Finch 865 N.W.2d 696 Minn. 2015
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State of Minnesota v. Alton Dominique Finch
865 N.W.2d 696
Minn. 2015
5 We require that peremptory removal denials be challenged via the writ in order to “avoid a waste of time, resources, and effort by the parties and the court system.” Dahlin, d at 304; n.3 (Minn. 2001).
- State v. Grigsby 806 N.W.2d 101 Minn. Ct. App. 2011
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State v. Grigsby
806 N.W.2d 101
Minn. Ct. App. 2011
[is] not the appropriate way for appellant to obtain review of the denial of his motion to remove.” , 725 n. 3 (Minn.2001) (); (stating that to preserve the peremptory-removal issue, a party must seek a writ of prohibition from the court of appeals).
- State v. Dahlin 753 N.W.2d 300 Minn. 2008
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State v. Dahlin
753 N.W.2d 300
Minn. 2008
But we have previously stated that the right of peremptory removal “ ‘may be waived by failure to seasonably assert it.’ ” (quoting Jones v. Jones, 242 Minn. 251, 262 , ) (holding that appellant waived his right to seek peremptory removal by failing to file a notice of removal with the court administrator and by failing to bring a motion for removal in a timely manner).
- Azure v. State 700 N.W.2d 443 Minn. 2005
- Azure v. State 700 N.W.2d 443 Minn. 2005
- State v. Heaney 689 N.W.2d 168 Minn. 2004
- State v. Heaney 689 N.W.2d 168 Minn. 2004
- Hooper v. State 680 N.W.2d 89 Minn. 2004
- Hooper v. State 680 N.W.2d 89 Minn. 2004
- State v. Bauer 642 N.W.2d 760 Minn. Ct. App. 2002
- State v. Bauer 642 N.W.2d 760 Minn. Ct. App. 2002
- State v. Richardson 633 N.W.2d 879 Minn. Ct. App. 2001
- State v. Richardson 633 N.W.2d 879 Minn. Ct. App. 2001
- State v. Cheng 623 N.W.2d 252 Minn. 2001
- State v. Cheng 623 N.W.2d 252 Minn. 2001