Cited by
Opinions in Minnesota that cite State v. Halseth, 653 N.W.2d 782.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
may be waived, including by failure to object to the offending evidence,” Trifiletti, d at 94 (quoting Melendez-Diaz, 557 U.S. at 314 n.3) (alteration in original).2 Our court has also expressed the understanding that deciding “what evidentiary objections to raise” is a “[n]onfundamental right[] that an attorney may waive.” (citing New York v. Hill, 528 U.S. 110, 115 (2000)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
what arguments to pursue, [and] what evidentiary objections to raise.”
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Kenny Lee Reed, petitioner, Appellant,
Minn. Ct. App. 2018
Reed cites State v. Halseth , arguing that “the lack of necessary waivers of any fundamental right renders the plea proceedings invalid.” (stating “that the requirements for a valid waiver prior to a stipulated court trial are similar to those necessary for a valid guilty plea under Minn. R. Crim.
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Raymond Joseph Traylor, petitioner, Appellant,
Minn. Ct. App. 2017
d 782, 786 (Minn. App. 2002) (permitting waiver of non-fundamental rights to be “effected by action of counsel”).
- State of Minnesota v. John Everette Pierce Minn. Ct. App. 2015
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State of Minnesota v. John Everette Pierce
Minn. Ct. App. 2015
e, without discussing prejudicial impact of faulty waiver); –22 (Minn. App. 2007) (reversing conviction that resulted from Lothenbach proceeding, in absence of represented defendant’s valid waiver of rights to testify, confront witnesses against him, and subpoena favorable witnesses, without discussing prejudicial impact of faulty waiver); –87 (Minn. App. 2002) (reversing conviction that resulted from stipulated-facts trial, in absence of represented defendant’s valid waiver of rights to testify
- State of Minnesota v. Alton Dominique Finch Minn. Ct. App. 2014
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State of Minnesota v. Alton Dominique Finch
Minn. Ct. App. 2014
(“Failure to include all defenses, objections, issues, and requests in a motion constitutes a waiver.” (quotation omitted)); (explaining that an attorney may waive certain nonfundamental rights, including decisions pertaining to the conduct of trial); (holding defense counsel waived speedy trial requirement by agreeing to omnibus hearing date outside of time li
- Dereje v. State 812 N.W.2d 205 Minn. Ct. App. 2012
- Dereje v. State 812 N.W.2d 205 Minn. Ct. App. 2012
- State v. Kuhlmann 806 N.W.2d 844 Minn. 2011
- State v. Fluker 781 N.W.2d 397 Minn. Ct. App. 2010
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State v. Fluker
781 N.W.2d 397
Minn. Ct. App. 2010
Because the right to a jury trial is a fundamental right, waiver of this right must be “personal, explicit, and in accordance with rule 26.01.” see Minn. R.Crim.
- State v. Kuhlmann 780 N.W.2d 401 Minn. Ct. App. 2010
- State v. Kuhlmann 780 N.W.2d 401 Minn. Ct. App. 2010
- State v. Antrim 764 N.W.2d 67 Minn. Ct. App. 2009
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State v. Antrim
764 N.W.2d 67
Minn. Ct. App. 2009
787 (Minn.App.2002) as support for this proposition.
- State v. Ehmke 752 N.W.2d 117 Minn. Ct. App. 2008
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State v. Ehmke
752 N.W.2d 117
Minn. Ct. App. 2008
Id.; (granting new trial when record lacked waiver of defendant’s right to testify).
- State v. Knoll 739 N.W.2d 919 Minn. Ct. App. 2007
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State v. Knoll
739 N.W.2d 919
Minn. Ct. App. 2007
-87 (Minn.App.2002) (granting new trial when defendant failed to provide express waiver before trial on stipulated facts); -24 (Minn.App.1986) (noting that waiver requirements in Minn. R.Crim.
- State v. Zulu 706 N.W.2d 919 Minn. Ct. App. 2005
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Distinguished
State v. Zulu
706 N.W.2d 919
Minn. Ct. App. 2005
review granted (Minn. June 28, 2005).
- State v. Hinton 702 N.W.2d 278 Minn. Ct. App. 2005
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State v. Hinton
702 N.W.2d 278
Minn. Ct. App. 2005
review denied (Minn. June 24, 2004)
- State v. Thompson 694 N.W.2d 117 Minn. Ct. App. 2005
- State v. Thompson 694 N.W.2d 117 Minn. Ct. App. 2005
- State v. Johnson 689 N.W.2d 247 Minn. Ct. App. 2004
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State v. Johnson
689 N.W.2d 247
Minn. Ct. App. 2004
“A true Lothenbach stipulation does not involve a concession of guilt, and is intended only to preserve the defendant’s right of appeal while avoiding an unnecessary jury trial.” State v. Halseth, *253 , 786 n. 2 (Minn.App.2002).
- State v. Wright 679 N.W.2d 186 Minn. Ct. App. 2004
- State v. Wright 679 N.W.2d 186 Minn. Ct. App. 2004
- In Re the Welfare of M.E.M. 674 N.W.2d 208 Minn. Ct. App. 2004
- In Re the Welfare of M.E.M. 674 N.W.2d 208 Minn. Ct. App. 2004