Cited by
Opinions in Minnesota that cite State v. Cermak, 365 N.W.2d 243.
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State v. Kates
598 N.W.2d 693
Minn. Ct. App. 1999
The supreme court has defined “prejudice” as “ ‘the unfair advantage that results from the capacity of the evidence to persuade by illegitimate means.’ ” , 247 n. 2 (Minn.1985) (quoting 22 Charles A. Wright & Kenneth W. Graham, Federal Practice and Procedure § 5215, at 274-75 (1978) (footnote omitted)).
- State v. Profit 591 N.W.2d 451 Minn. 1999
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State v. Profit
591 N.W.2d 451
Minn. 1999
While using the evidence to show identity was harmful to Profit, evidence is unfairly prejudicial, and thus excludable, only if used “to persuade by illegitimate means.” Townsend, d at 296 ( , 246 n. 2 (Minn.1985)).
- State v. Chambers 589 N.W.2d 466 Minn. 1999
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State v. Chambers
589 N.W.2d 466
Minn. 1999
Prejudice in this context “ ‘does not mean the damage to the opponent’s case that results from the legitimate probative force of the evidence; rather, it refers to the unfair advantage that results from the capacity of the evidence to persuade by illegitimate means.’ ” n. 2 (Minn.1985) (citation omitted).
- State v. Buggs 581 N.W.2d 329 Minn. 1998
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State v. Buggs
581 N.W.2d 329
Minn. 1998
This court has defined prejudice “to mean only ‘the unfair advantage that results from the capacity of the evidence to persuade by illegitimate means.’ ” ( , 247 n. 2 (Minn.1985)).
- State v. Ferguson 581 N.W.2d 824 Minn. 1998
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State v. Ferguson
581 N.W.2d 824
Minn. 1998
mean the damage to the opponent’s case that results from the legitimate probative force of the evidence; rather, it refers to the unfair advantage that results from the capacity of the evidence to persuade by illegitimate means.” , 247 n. 2 (Minn.1985) (quoting 22 C. Wright & K. Graham, Federal Practice and Procedure-Evidence § 5215 (1978)).
- State v. Harris 560 N.W.2d 672 Minn. 1997
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State v. Harris
560 N.W.2d 672
Minn. 1997
“Prejudice” means only the “unfair advantage that results from the capacity of the evidence to persuade by illegitimate means.” ( , 247 n. 2 (Minn. 1985)).
- State v. Townsend 546 N.W.2d 292 Minn. 1996
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State v. Townsend
546 N.W.2d 292
Minn. 1996
we defined “prejudice” to mean only “the unfair advantage that results from the capacity of the evidence to persuade by illegitimate means.” Id.
- State v. Dukes 544 N.W.2d 13 Minn. 1996
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State v. Dukes
544 N.W.2d 13
Minn. 1996
for the proposition that “generally evidence of a plea of guilty * * * is not admissible to prove the guilt or lack of guilt of the accused.” -07 (Minn.1983) (suggesting that the criminal complaint of an accomplice might be inadmissible hearsay that dep
- State v. Chao Yang 533 N.W.2d 81 Minn. Ct. App. 1995
- State v. Bolte 530 N.W.2d 191 Minn. 1995
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State v. Bolte
530 N.W.2d 191
Minn. 1995
"In Rule 403, 'prejudice' does not mean the damage to the opponent's case that results from the legitimate probative force of the evidence, rather it refers to the unfair advantage that results from the capacity of the evidence to persuade by illegitimate means.” , 247 n. 2 (Minn.1985) (quoting 22 Charles Wright and Kenneth Graham, Federal Practice and Procedure—Evidence § 5215 at 275 (1978)); see also Frisinger, d at 32 (emphasizing that it is wrong to equate "the legitimate probative force of
- State v. Dillon 529 N.W.2d 387 Minn. Ct. App. 1995
- State v. Dillon 529 N.W.2d 387 Minn. Ct. App. 1995
- State v. Williams 525 N.W.2d 538 Minn. 1994
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State v. Williams
525 N.W.2d 538
Minn. 1994
(a) We have said a number of times that “a police officer testifying in a criminal case may not, under the guise of explaining how [the] investigation focused on defendant, relate hearsay statements of others.”
- State v. Axford 417 N.W.2d 88 Minn. 1987
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State v. Axford
417 N.W.2d 88
Minn. 1987
247 at n. 2 (Minn.1985), we agreed with Professor Wright that the unfair prejudice spoken of in R. 403 "does not mean the damage to the opponent’s case that results from the legitimate probative force of the evidence" but "refers to the unfair advantage that results from the capacity of the evidence to persuade by i
- State v. Coleman 373 N.W.2d 777 Minn. 1985
- State v. Coleman 373 N.W.2d 777 Minn. 1985
- State v. Cermak 365 N.W.2d 238 Minn. 1985
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State v. Cermak
365 N.W.2d 238
Minn. 1985
Others are State v. (Alice) Cermak, State v. (James) Cermak, and State v. (John) Cermak