Cited by
Opinions in Minnesota that cite State v. Griller, 583 N.W.2d 736.
- State of Minnesota v. Raymond Allen Torgerson Minn. Ct. App. 2024
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State of Minnesota v. Raymond Allen Torgerson
Minn. Ct. App. 2024
However, even when there is no objection to jury instructions at trial, this court has “discretion to consider [the] issue on appeal if it is plain error affecting substantial rights.” Minn. R. Crim.
- 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
(d 736, 740 (Minn. 1998)).
- State of Minnesota v. Christian Portillo, A21-1621, Supreme Court, December 13, 2023 Minn. 2023
- State of Minnesota v. Christian Portillo, A21-1621, Supreme Court, December 13, 2023 Minn. 2023
- State of Minnesota v. Curtis Dwayne Thurston Minn. Ct. App. 2023
- State of Minnesota v. Micheal Lee Cocuzzi Minn. Ct. App. 2023
- State of Minnesota v. Micheal Lee Cocuzzi Minn. Ct. App. 2023
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State of Minnesota v. Curtis Dwayne Thurston
Minn. Ct. App. 2023
This court ordinarily reviews an unobjected-to error under the “plain error test[,]” under which “a criminal defendant must show that (1) there was an error, (2) the error was plain, and (3) the error affected the defendant’s substantial rights.” ().
- State of Minnesota v. Mitchel Jerome Kasper Minn. Ct. App. 2023
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State of Minnesota v. Mitchel Jerome Kasper
Minn. Ct. App. 2023
P. 31.02; (determining that although the appellant “did not object to the jury instructions at trial, [appellate courts] have the discretion to consider [the] issue on appeal if it is plain error affecting substantial rights”).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(citing State v. Griller
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Minn. 2023
If these three prongs are met, the remaining question is whether we must “address the error to ensure fairness and the integrity of the judicial proceedings.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(stating that the court had “discretion” to review unobjected-to jury instructions).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Stephen Carl Allwine,
Minn. 2023
d 736, 740 (Minn. 1998).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
( “The third prong of the plain error test is the equivalent of a harmless error analysis.
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
d 736, 740 (Minn. 1998) .
- Kristopher Lee Roybal, petitioner, Appellant, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent
Minn. Ct. App. 2023
If all three prongs of the plain- error test are satisfied, we assess “whether the error should be add ressed to ensure fairness and the integrity of judicial proceedings.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
But if all three prongs are satisfied, we then decide whether to “address the error to ensure fairness and the integrity of the judicial proceedings.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Plain error affects substantial rights “if the error was prejudicial and affected the outcome of the case.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
404(b)(1), it may be admitted to provide the context for a police encounter or investigation, Ali, d at 249 ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
If all three prongs of the plain-error test are satisfied, the reviewing court then decides “whether it should address the error to ensure fairness and the integrity of the judicial proceedings.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Under the plain-error standard, a defendant must establish “(1) error; (2) that is plain; and (3) the error must affect substantial rights.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(under plain-error standard, appellant must show (1) error, (2) that is plain, and (3) that affects appellant’s substantial rights).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
And if all three prongs of the plain-error test are satisfied, we then decide whether to “address the error to ensure fairness and the integrity of the judicial proceedings.”
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State of Minnesota, Respondent
Minn. Ct. App. 2023
We consider this to be a heavy burden.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
See, d 736, 741 (Minn. 1998) (concluding that the appellant bears the “heavy burden” of persuasion on the issue of whether an error affected the appellant’s substantial rights); Kuhlmann, d at 844, 853 (concluding that the district court’s failure to obtain a personal waiver of the defendant’s jury trial rights whe
- State of Minnesota, Respondent, Minn. Ct. App. 2022