Cited by
Opinions in Minnesota that cite State v. Bailey, 677 N.W.2d 380.
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State of Minnesota v. Alex Brody Nettestad
Minn. Ct. App. 2026
State v. Bailey , –04 (Minn. 2004).
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State of Minnesota v. Casey Love
Minn. Ct. App. 2026
“[P]rosecutors must avoid inflaming the jury’s passions and prejudices against the defendant.”
- State of Minnesota v. Timothy Kurtis Lindquist Minn. Ct. App. 2025
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State of Minnesota v. Alton Dominique Finch
Minn. Ct. App. 2024
The district court compared this case to Oregon v. Elstad, 470 U.S. 298, 318 (1985) (holding that “a suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings”) (holding that “where a suspect is apprehended under coercive circumstances, is subjected to lengthy custodial interrogation before being given a Miranda warning, does not have the benefit of a significant paus
- State of Minnesota v. Deandre Dontae Turner Minn. Ct. App. 2024
- State of Minnesota v. Deandre Dontae Turner Minn. Ct. App. 2024
- A21-0583 State of Minnesota v. Larry Joe Foster, A21-0070, Court of Appeals Nonprecedential, ... Minn. Ct. App. 2024
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Criticized
A21-0583 State of Minnesota v. Larry Joe Foster, A21-0070, Court of Appeals Nonprecedential, ...
Minn. Ct. App. 2024
2006), shifting the burden of proof to the defendant, McDaniel, d at 750, commenting on the defendant’s failure to call a witness, McDaniel, d at 750, expressing personal opinions, as indicated by the use of “I” 32 statements, and disparaging the defense, 4 We are not persuaded by Foster’s assertions that the prosecutor plainly erred by calling Foster a liar, by shifting the burden of proof to Foster, see McDaniel, d at 750-51; by commenting on the defense’s failure to call a
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State of Minnesota v. Arlando Demtrious Brown
Minn. Ct. App. 2023
The second case involved a prosecutor who, in their opening statement, described the DNA probability evidence and posed the rhetorical question, “Is that proof beyond a reasonable doubt?” -03 (Minn. 2004).
- State of Minnesota v. Ainoi Manila Minn. Ct. App. 2023
- State of Minnesota, Minn. 2022
- State of Minnesota v. Laurie Ann Gregor Minn. Ct. App. 2021
- State of Minnesota v. Dominic Andre Rundles Minn. Ct. App. 2021
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State of Minnesota v. Juan Silva
Minn. Ct. App. 2020
(citing State v. Bailey, 8 ).
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State of Minnesota v. Allison Elizabeth Gardner
Minn. Ct. App. 2020
a prosecutor commented in the opening statement that a defense expert “continues to walk around the country advocating” for a particular theory “because he gets paid for it,” and the prosecutor reiterated in closing argument that “in fact, all he is, is a paid witness by the Defense in criminal cases.
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State of Minnesota v. Deangelas Demoyne Cook
Minn. Ct. App. 2019
“Admissibility should not depend on the prosecution negativing all possibility of tampering or substitution, but rather only that it is reasonably probable that tampering or substitution did not occur.” (quotation omitted).
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State of Minnesota v. Trajion Terrance Conner
Minn. Ct. App. 2019
the supreme court stated that a prosecutor engaged in misconduct in an opening statement by equating a high probability of a DNA match with proof beyond a re asonable doubt.
- State of Minnesota v. Blanyon Toe Davies Minn. Ct. App. 2019
- State v. Hallmark 927 N.W.2d 281 Minn. 2019
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State v. Hallmark
927 N.W.2d 281
Minn. 2019
901(a) ; see also State v. Bailey , , 394 (Minn. 2004).
- Theodore Pierre Jerry v. State of Minnesota Minn. Ct. App. 2019
- State of Minnesota v. Chris Scott Minn. Ct. App. 2018
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State of Minnesota v. Matthew William Hedstrom
Minn. Ct. App. 2018
And prosecutors “must avoid inflaming the jury’s passions and prejudices against the defendants.” State v. Bailey , d 380, 404 (Minn. 2004).
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State of Minnesota v. Autumn Blakey
Minn. Ct. App. 2018
d 380, 404 (Minn. 2004) (concluding “that it was improper for the prosecutor to go beyond the testimony of the expert witness by making .
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State of Minnesota v. James Willard Murray
Minn. Ct. App. 2017
the prosecutor commented in opening statements that a defense expert “continues to walk around the country advocating” for a particular theory “because he gets paid for it” and reiter ated in closing arguments that “in fact, all he is, is a paid witness by the Defense in criminal cases.” Id.
- State of Minnesota v. Blake Adam Schneider Minn. Ct. App. 2016
- State of Minnesota v. Blake Adam Schneider Minn. Ct. App. 2016
- State of Minnesota v. Mark Anthony Sanders Minn. Ct. App. 2016
- State of Minnesota v. Mark Anthony Sanders Minn. Ct. App. 2016
- State of Minnesota v. Lorenzo Leontay Washington Minn. Ct. App. 2016
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State of Minnesota v. Lorenzo Leontay Washington
Minn. Ct. App. 2016
Similarly, in State v. Bailey, the supreme court held that it was not misconduct for the prosecutor to tell the jurors they were “truth seekers” and to argue that they should “search for the truth in the evidence.”
- State of Minnesota v. Cartrell Ismail Smith Minn. Ct. App. 2016
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State of Minnesota v. Cartrell Ismail Smith
Minn. Ct. App. 2016
Search for the truth in the evidence, but give the defendant the benefit of any reasonable doubt.”
- State of Minnesota v. Richard Ellis Hill 871 N.W.2d 900 Minn. 2015
- State of Minnesota v. Richard Ellis Hill 871 N.W.2d 900 Minn. 2015
- State of Minnesota v. Corey Vern Schmidt Minn. Ct. App. 2015
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State of Minnesota v. Corey Vern Schmidt
Minn. Ct. App. 2015
B. Belittling the defense “[P]rosecutors must avoid inflaming the jury's passions and prejudices against the defendant.”
- State of Minnesota v. Paris Treall Haines Minn. Ct. App. 2015
- State of Minnesota v. Paris Treall Haines Minn. Ct. App. 2015
- State of Minnesota v. Dayna Kristine Bell Minn. Ct. App. 2014
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State of Minnesota v. Dayna Kristine Bell
Minn. Ct. App. 2014
“[P]rosecutors must avoid inflaming the jury’s passions and prejudices against the defendant.”
- State v. Hawkinson 829 N.W.2d 367 Minn. 2013
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State v. Hawkinson
829 N.W.2d 367
Minn. 2013
(applying rationale from Youngblood); -37 (Minn.2010) (same); (citing Youngblood, 488 U.S. at 58 , 109 S.Ct.
- State v. Thompson 788 N.W.2d 485 Minn. 2010
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State v. Thompson
788 N.W.2d 485
Minn. 2010
(citation omitted) (internal quotation marks omitted).
- State v. Jenkins 782 N.W.2d 211 Minn. 2010
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State v. Jenkins
782 N.W.2d 211
Minn. 2010
(citing Youngblood, 488 U.S. at 58 , 109 S.Ct.
- State v. McDaniel 777 N.W.2d 739 Minn. 2010
- State v. McDaniel 777 N.W.2d 739 Minn. 2010
- State v. Ganpat 732 N.W.2d 232 Minn. 2007