Cited by
Opinions in Minnesota that cite State v. Ashby, 567 N.W.2d 21.
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State of Minnesota, Respondent
Minn. Ct. App. 2025
He did that to [the cousin].” “A prosecutor must avoid inflaming the jury’s passions and prejudices against the defendant.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
It is improper for a prosecutor to “distract the jury from its proper role of deciding whether the state has met its burden” by urging the jury “to protect society with its verdict.” (), rev. denied (Minn. May 14, 2002).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A prosecuting attorney must not “distract the jury from its proper role of deciding whether the state has met its burden.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The state’s rebuttal argument thus did not improperly “distract the jury from its proper role of deciding whether the state has met i ts burden.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
-98 (Minn. App. 2005) (holding prosecutor did not improperly disparage defense counsel by arguing that defense presented evidence meant to “hid[e] the ball,” and urging jury not to be distracted); (holding it was not improper for prosecutor to direct jury to “keep its eyes on the prize” of truth and look at the evidence).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(recognizing that the fact-finder “is in the best position to evaluate the cr edibility of witnesses and the weight given to the testimony of those witnesses”).3 3 In its brief to this court, TCCS also lists a number of instances in which the district
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A prosecutor “is free to argue that there is no merit to a particular defense or argument.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“While the prosecutor is free to argue that there is no merit to a particular defense or argument, and prosecutors are free to anticipate arguments defense counsel will make, the prosecutor may not generally belittle a particular defense in the abstract.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Ashley Ann Johnson Minn. Ct. App. 2016
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State of Minnesota v. Ashley Ann Johnson
Minn. Ct. App. 2016
But, “[a] prosecutor may draw reasonable inferences from the evidence produced at trial,” and “is free to make legitimate arguments on the basis of all proper inferences from the evidence introduced,” d 349, 358 (Minn. App. 2008), review denied (Minn. July 15, 2008).
- State of Minnesota v. Daniel Joseph Eggermont Minn. Ct. App. 2016
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State of Minnesota v. Daniel Joseph Eggermont
Minn. Ct. App. 2016
But “[a] prosecutor may draw reasonable inferences from the evidence produced at trial.”
- State of Minnesota v. Mark Anthony Sanders Minn. Ct. App. 2016
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State of Minnesota v. Mark Anthony Sanders
Minn. Ct. App. 2016
d 21, 25 (Minn. App. 1997).
- State of Minnesota v. Lorenzo Leontay Washington Minn. Ct. App. 2016
- State of Minnesota v. Lorenzo Leontay Washington Minn. Ct. App. 2016
- State of Minnesota v. Cedric Chappell, Jr. Minn. Ct. App. 2016
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State of Minnesota v. Cedric Chappell, Jr.
Minn. Ct. App. 2016
but” and then ending it with, “Never in the history of the planet Earth” is sort of like beginning a debate line with “with all due respect” and then ending it with “moronic and perverted.” But the main problem is that the argument offends the rule that “the prosecutor may not generally belittle a particular defense in the abstract.”
- State of Minnesota v. Eddie Niles Hubbard Minn. Ct. App. 2015
- State of Minnesota v. Eddie Niles Hubbard Minn. Ct. App. 2015
- State of Minnesota v. Charles Kihanya Minn. Ct. App. 2015
- State of Minnesota v. Charles Kihanya Minn. Ct. App. 2015
- State v. Bauer 776 N.W.2d 462 Minn. Ct. App. 2009
- State v. Bauer 776 N.W.2d 462 Minn. Ct. App. 2009
- State v. Rucker 752 N.W.2d 538 Minn. Ct. App. 2008
- State v. Rucker 752 N.W.2d 538 Minn. Ct. App. 2008
- Ashby v. State 752 N.W.2d 76 Minn. 2008
- Ashby v. State 752 N.W.2d 76 Minn. 2008
- State v. Simion 745 N.W.2d 830 Minn. 2008
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State v. Simion
745 N.W.2d 830
Minn. 2008
enigrated the de *844 fense” during his closing argument when he commented that Simion took “every opportunity to dirty up President Lines by accusing and insinuating that they were violating some rule or regulation.” A prosecutor is allowed “to argue that there is no merit to a particular defense or argument,” but “may not generally belittle a particular defense in the abstract.”
- State v. Washington 725 N.W.2d 125 Minn. Ct. App. 2006
- State v. Washington 725 N.W.2d 125 Minn. Ct. App. 2006
- State v. Anderson 720 N.W.2d 854 Minn. Ct. App. 2006
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State v. Anderson
720 N.W.2d 854
Minn. Ct. App. 2006
(noting that a “prosecutor may draw reasonable inferences from the evidence produced at trial”).
- State v. Jackson 714 N.W.2d 681 Minn. 2006
- State v. MacLennan 702 N.W.2d 219 Minn. 2005
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State v. MacLennan
702 N.W.2d 219
Minn. 2005
We have consistently held that a “ ‘prosecutor must avoid inflaming the jury’s passions and prejudices against the defendant.’ ” ().
- State v. Cabrera 700 N.W.2d 469 Minn. 2005
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State v. Cabrera
700 N.W.2d 469
Minn. 2005
Such misconduct is harmless beyond a reasonable doubt “[i]f the verdict actually rendered was surely unattributable to the error.”
- State v. Schulz 691 N.W.2d 474 Minn. 2005
- State v. Schulz 691 N.W.2d 474 Minn. 2005
- State v. Bailey 677 N.W.2d 380 Minn. 2004
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State v. Bailey
677 N.W.2d 380
Minn. 2004
Search for the truth in the evidence, but give the defendant the benefit of any reasonable doubt.” Bailey argues that a jury’s real role requires “ ‘searching for doubt’ in all the evidence.” (“The prosecutor did tell the jury to ‘keep its eyes on the prize’ of truth * * *.”), (noting that the prosecutor told the jury that it “would be an ‘unspeakable injustice’ to consider the lesser-included offenses and to acquit on the charge of first
- State v. Miller 666 N.W.2d 703 Minn. 2003
- State v. Miller 666 N.W.2d 703 Minn. 2003
- State v. Houston 654 N.W.2d 727 Minn. Ct. App. 2003