Cited by
Opinions in Minnesota that cite State v. Harris, 521 N.W.2d 348.
- State v. Ferguson 804 N.W.2d 586 Minn. 2011
- State v. Swaney 787 N.W.2d 541 Minn. 2010
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State v. Swaney
787 N.W.2d 541
Minn. 2010
We have said that it is error for the State to elicit inadmissible character evidence and that “[questions by a prosecutor calculated to elicit or insinuate inadmissible and highly prejudicial character evidence and which are asked in the face of a clear trial court prohibition are not tolerable.”
- State v. Atkinson 774 N.W.2d 584 Minn. 2009
- State v. Atkinson 774 N.W.2d 584 Minn. 2009
- Holt v. State 772 N.W.2d 470 Minn. 2009
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Holt v. State
772 N.W.2d 470
Minn. 2009
“[E]vidence of threats to witnesses may be relevant in showing consciousness of guilt.”
- State v. McArthur 730 N.W.2d 44 Minn. 2007
- State v. McArthur 730 N.W.2d 44 Minn. 2007
- State v. Jackson 726 N.W.2d 454 Minn. 2007
- State v. Jackson 726 N.W.2d 454 Minn. 2007
- State v. Haynes 725 N.W.2d 524 Minn. 2007
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State v. Haynes
725 N.W.2d 524
Minn. 2007
(“The cumulative effect of these continuous references to witnesses’ fear was to create the inference that Harris was of bad character and had a propensity to commit crimes of violence.”).
- State v. Ramey 721 N.W.2d 294 Minn. 2006
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State v. Ramey
721 N.W.2d 294
Minn. 2006
Some examples are: eliciting inadmissible evidence, -54 (Minn.1994); alluding in argument to the defendant’s exercise of the right not to testify, -51 (Minn.1997), or to the defendant’s failure to call witnesses, misstating the presumption of innocence, Salitros, d at
- State v. Mayhorn 720 N.W.2d 776 Minn. 2006
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State v. Mayhorn
720 N.W.2d 776
Minn. 2006
Evidence of a threat made by the defendant against a witness may be relevant to show consciousness of guilt, and to explain a witness’s inconsistent statements, (quoting United States v. Thomas, 86 F.3d 647, 654 (7th Cir.1996)).
- State v. Vance 714 N.W.2d 428 Minn. 2006
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State v. Vance
714 N.W.2d 428
Minn. 2006
(“the defendant is entitled to impeach the witness’ credibility by establishing the witness benefitted [sic] from the [government sponsored protection] program”).
- State v. Clifton 701 N.W.2d 793 Minn. 2005
- State v. Clifton 701 N.W.2d 793 Minn. 2005
- State v. Smith 669 N.W.2d 19 Minn. 2003
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State v. Smith
669 N.W.2d 19
Minn. 2003
Minnesota Rule of Evidence 403 provides that relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.” Appellant cites two cases, in support of his position that evidence of Holder’s dismemberment and the disposal of his remains were erroneously admitted.
- State v. Miller 666 N.W.2d 703 Minn. 2003
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State v. Miller
666 N.W.2d 703
Minn. 2003
In support of this contention, -52 (Minn.1994).
- State v. Leja 660 N.W.2d 459 Minn. Ct. App. 2003
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State v. Leja
660 N.W.2d 459
Minn. Ct. App. 2003
352-53 n. 5 (Minn.1994) (questioning whether curative instruction would have prevented prejudice from repeated improper questioning).
- State v. Lee 645 N.W.2d 459 Minn. 2002
- State v. Lee 645 N.W.2d 459 Minn. 2002
- State v. Steward 645 N.W.2d 115 Minn. 2002
- State v. Steward 645 N.W.2d 115 Minn. 2002
- State v. Yang 644 N.W.2d 808 Minn. 2002
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State v. Yang
644 N.W.2d 808
Minn. 2002
Yang cites four cases in support of the proposition that gang-affiliation character evidence is inadmissible outside these three circumstances: Ferguson, d at 834 ; -52 (Minn.1994); rev. denied (Minn. Aug.
- State v. Budreau 641 N.W.2d 919 Minn. 2002
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State v. Budreau
641 N.W.2d 919
Minn. 2002
Budreau emphasizes, and we agree, that “[s]trong evidence of guilt does not — cannot—deprive a defendant of the right to a fair trial.”
- State v. Rhodes 627 N.W.2d 74 Minn. 2001
- State v. Rhodes 627 N.W.2d 74 Minn. 2001
- State v. Henderson 620 N.W.2d 688 Minn. 2001
- State v. Henderson 620 N.W.2d 688 Minn. 2001
- State v. Buggs 581 N.W.2d 329 Minn. 1998
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State v. Buggs
581 N.W.2d 329
Minn. 1998
While it is error for a prosecutor to persist in asking questions ruled improper or elicit evidence ruled inadmissible, our careful review of the record leads us to the conclusion that any inappropriate conduct here was inadvertent and surely did not contribute to the verdict.
- State v. Harris 560 N.W.2d 672 Minn. 1997
- State v. Harris 560 N.W.2d 672 Minn. 1997
- Rairdon v. State 557 N.W.2d 318 Minn. 1996
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Rairdon v. State
557 N.W.2d 318
Minn. 1996
354 n. 9 (Minn.1994) (noting that such isolated questions, to which objections are made, do not ordinarily constitute misconduct).
- State v. Sebasky 547 N.W.2d 93 Minn. Ct. App. 1996
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State v. Sebasky
547 N.W.2d 93
Minn. Ct. App. 1996
aphy, the admission of which would not corroborate any of the complainant’s testimony, could not be admitted to show the defendant’s propensity to sexually abuse children); People v. Bagarozy, 132 A.D.2d 225 , 522 N.Y.S.2d 848, 855 (1987) (holding the admission of NAMBLA affiliation was error because its only purpose was to demonstrate the defendant’s sexual tendencies); (finding evidence that the defendant masturbated while he looked at a picture of the victim was not relevant and, to establish
- State v. Grayson 546 N.W.2d 731 Minn. 1996
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State v. Grayson
546 N.W.2d 731
Minn. 1996
We conclude that there is no reasonable' doubt “the result would have been different if the evidence had not been admitted.” This is not a where we granted the defendant a new trial because he was denied a fair trial.
- State v. Harris 533 N.W.2d 35 Minn. 1995