Cited by
Opinions in Minnesota that cite State v. Gutierrez, 667 N.W.2d 426.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2025
An erroneous jury instruction “affects substantial rights when there is a reasonable likelihood that a more accurate instruction would have changed the outcome in this case.” -35 (Minn. 2003) (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2025
An error affects a defendant’s substantial rights if “the error was prejudicial and affected the outcome of the case.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2025
an error affects substantial rights when there is a reasonable likelihood that a more accurate instruction would have changed the outcome in this case.” -35 (Minn. 2003) (quotation omitted).
- State of Minnesota v. Timothy Lee Heller Minn. 2024
- State of Minnesota v. Timothy Lee Heller Minn. 2024
- State of Minnesota v. Andrew Vernard Glover Minn. 2024
-
State of Minnesota v. Andrew Vernard Glover
Minn. 2024
When reverse-Spreigl evidence is offered to cast doubt upon the identity of the person who committed the charged offense, such evidence is relevant and material if it is 14 “sufficiently similar to the charged crime in terms of time, place, or modus operandi.” Id.; (stating that a defendant may, under certain circumstances, present evidence of the alternative perpetrator’s prior crimes that are “so closely connected in point of time and method of operation as to cast doubt upon the identificatio
-
State of Minnesota, Respondent,
Minn. Ct. App. 2023
“The determination of whether or not something is appropriate rebuttal evidence rests within the discretion of the trial court and will only be reversed upon a showing of clear abuse of discretion.”
-
State of Minnesota,
Minn. 2022
(holding that an improper jury instruction did not affect the defendant’s substantial rights because the defendant could not establish that a proper instruction could have changed the outcome of the case).
-
State of Minnesota, Respondent, vs. Marsean Juan Crockett, Appellant.
Minn. Ct. App. 2021
-35 (Minn. 2003) (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2021
“Failure to satisfy any part of this test results in the evidence being inadmissible.”
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- Crow v. State 923 N.W.2d 2 Minn. 2019
-
Crow v. State
923 N.W.2d 2
Minn. 2019
See State v. Heden , , 698 (Minn. 2006) (affirming life without possibility of release sentence for first-degree murder while committing or attempting to commit criminal sexual conduct); State v. Gutierrez , , 438-39 (Minn. 2003) (affirming sentence of life without the possibility of release for first-degree felony murder, and noting that an appellant arguing that such a sentence is unconstitutional as applied to him would have to show that "our culture and laws emphatically and well nigh univer
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Each prong of the plain error test must be met before we will correct the error.” State v. Gutierrez
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State v. Ali 895 N.W.2d 237 Minn. 2017
- State v. Ali 895 N.W.2d 237 Minn. 2017
- State v. Guzman 892 N.W.2d 801 Minn. 2017
-
State v. Guzman
892 N.W.2d 801
Minn. 2017
(quoting 8 Henry W. McCarr & Jack S. Nordby, Minnesota Practice— Criminal Law and Procedure § 32.54 (3d ed. 2001))
- State of Minnesota v. Kong Pheng Vue Minn. Ct. App. 2017
- State of Minnesota v. Kong Pheng Vue Minn. Ct. App. 2017
- State of Minnesota v. Kim Ronnie Blatcher Minn. Ct. App. 2016
-
State of Minnesota v. Kim Ronnie Blatcher
Minn. Ct. App. 2016
“[District] courts are permitted considerable freedom when determining how to instruct the jury as long as the jury instruction is not confusing or misleading on fundamental points of the law.”
- State of Minnesota v. Angela Tharnaa Hooks Minn. Ct. App. 2016
-
State of Minnesota v. Angela Tharnaa Hooks
Minn. Ct. App. 2016
“In the context of jury instructions, we have held that an error affects substantial rights when there is a reasonable likelihood that a more accurate instruction would have changed the outcome in this case.” d 426, 434-35 (Minn. 2003) (quotation omitted).
- State of Minnesota v. Tarey Marquan Hill Minn. Ct. App. 2016
-
State of Minnesota v. Tarey Marquan Hill
Minn. Ct. App. 2016
an error affects substantial rights when there is a reasonable likelihood that a more accurate instruction would have changed the outcome in this case.” -35 (Minn. 2003) (quotation omitted).
- State of Minnesota v. Timothy John Bakken Minn. Ct. App. 2015
-
State of Minnesota v. Timothy John Bakken
Minn. Ct. App. 2015
“In the context of jury instructions, [the supreme court has] held that an error affects substantial rights when there is a reasonable likelihood that a more accurate instruction would have changed the outcome in th[e] case.” –35 (Minn. 2003) (quotation 9 omitted).
- State of Minnesota v. Kunta Kinta Viverette Minn. Ct. App. 2015
- State of Minnesota v. Kunta Kinta Viverette Minn. Ct. App. 2015
- State of Minnesota v. Brian Kenneth Moore 863 N.W.2d 111 Minn. Ct. App. 2015
-
State of Minnesota v. Brian Kenneth Moore
863 N.W.2d 111
Minn. Ct. App. 2015
“In the context of jury instructions, we have held that an error affects substantial rights when there is a reasonable likelihood that a more accurate instruction would have changed the outcome in this case.” -35 (Minn. 2003) (quotation omitted).
- State of Minnesota v. Raymond Eugene Taylor Minn. Ct. App. 2015
- State of Minnesota v. Raymond Eugene Taylor Minn. Ct. App. 2015
- State of Minnesota v. Joseph Gassoway Minn. Ct. App. 2014
-
State of Minnesota v. Joseph Gassoway
Minn. Ct. App. 2014
Proper rebuttal evidence may include evidence that might not otherwise be admissible, and the district court’s determination “of whether or not something is appropriate rebuttal evidence rests within the discretion of the trial court and will only be reversed upon a showing of a clear abuse of discretion.” d 426, 435 (Minn. 2003).
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014
- State v. Sailee 792 N.W.2d 90 Minn. Ct. App. 2010
-
State v. Sailee
792 N.W.2d 90
Minn. Ct. App. 2010
Minnesota has used various terms to describe this type of defense, including “alternative perpetrator,” see, and "third party perpetrator,” see
- State v. Larson 787 N.W.2d 592 Minn. 2010
- State v. Larson 787 N.W.2d 592 Minn. 2010
- State v. Swaney 787 N.W.2d 541 Minn. 2010
-
State v. Swaney
787 N.W.2d 541
Minn. 2010
(“The determination of whether or not something is appropriate rebuttal evidence rests with *563 in the discretion of the trial court and will only be reversed upon a showing of a clear abuse of discretion.”).
- State v. Valentine 787 N.W.2d 630 Minn. Ct. App. 2010
-
State v. Valentine
787 N.W.2d 630
Minn. Ct. App. 2010
(declining to reach a claim that evidence was erroneously admitted on other grounds because the court had already concluded the evidence was admissible under section 634.20).
- State v. Jenkins 782 N.W.2d 211 Minn. 2010
- State v. Jenkins 782 N.W.2d 211 Minn. 2010