Cited by
Opinions in Minnesota that cite Van Buren v. State, 556 N.W.2d 548.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Id.; - 52 (Minn. 1996) (holding that eliciting testimony of witnesses saying they believed the victim constituted improper vouching).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Koskela, (police officer’s testimony that he “had no doubt” a witness was truthful raised concerns of vouching); -551 (Minn. 1996) (police officer testimony that victim told him that defendant’s wife believed the victim’s story constituted vouching).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Frank James Bigbear Minn. 2024
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State of Minnesota v. Frank James Bigbear
Minn. 2024
ely, I.M.’s recorded 15 statement about contracting chlamydia from Bigbear was sufficiently pointed that it was likely difficult to un-ring that bell with the jury.9 Fourth, improper vouching typically occurs when the State “intentionally elicited vouching testimony during trial and then used it in closing argument.” (holding that the trial testimony of three witnesses about who among the victim’s and defendant’s families believed the victim’s allegations was “improper vouching”).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, vs. Toman Davin Matthews, Appellant. Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
See Van Buren v. State , (reversing for a new trial because defendant was prejudiced by admission of vouching testimony).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Van Buren v. State , -52 (Minn. 1996).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
For example, the district court erred by admitting testimony from multiple witnesses concerning whether members of the young victim’s family believed her allega tions of sexual abuse by her uncle.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
-50 (Minn. 1996) (reversing for a new trial be cause the defendant was prejudiced by the admission of vouching testimony).
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Distinguished
State of Minnesota, Respondent,
Minn. Ct. App. 2019
-52 (Minn. 1996), a case in which the supreme court found that testimony that family members believed a 14-year-old girl’s accusations of sexual assault constituted improper vouching and warranted a new trial.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Appellant relies on Van Buren v. State , to support his argument.
- State of Minnesota v. Wilfred Carl Hudson Minn. Ct. App. 2015
- State of Minnesota v. Wilfred Carl Hudson Minn. Ct. App. 2015
- State of Minnesota v. Amy Andrea Horsfield Minn. Ct. App. 2015
- State of Minnesota v. Amy Andrea Horsfield Minn. Ct. App. 2015
- State of Minnesota v. Justin Wayne Hannine Minn. Ct. App. 2015
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State of Minnesota v. Justin Wayne Hannine
Minn. Ct. App. 2015
ing of the words ‘practiced’ and ‘testimony.’ While a four-year-old child may know the meaning of the word ‘practice,’ the Court finds it is unlikely that a four-year-old child understands the meaning of the word ‘testimony.’ E.’s ability to testify was not “comparable to that of many adult witnesses.”2 2 (concluding that admission of testimony from 14-year-old complainant, her 12-year-old friend, and a police officer that some members of the complainant’s family believed the 7 Finally, appellan
- State of Minnesota v. Joseph Michael Tuseth Minn. Ct. App. 2014
- State of Minnesota v. Joseph Michael Tuseth Minn. Ct. App. 2014
- State v. Wenthe 839 N.W.2d 83 Minn. 2013
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State v. Wenthe
839 N.W.2d 83
Minn. 2013
-94 (Minn.2011) (discussing relevance to evaluating complainant’s credibility of evidence explaining the reasons why a complainant delayed reporting a sexual assault); (same).
- State v. McDonald-Richards 840 N.W.2d 9 Minn. 2013
- State v. McDonald-Richards 840 N.W.2d 9 Minn. 2013
- State v. Martin 823 N.W.2d 913 Minn. Ct. App. 2012
- State v. Martin 823 N.W.2d 913 Minn. Ct. App. 2012
- State v. Caldwell 815 N.W.2d 512 Minn. Ct. App. 2012
- State v. Caldwell 815 N.W.2d 512 Minn. Ct. App. 2012
- State v. Robideau 783 N.W.2d 390 Minn. Ct. App. 2010
- State v. Robideau 783 N.W.2d 390 Minn. Ct. App. 2010
- State v. Outlaw 748 N.W.2d 349 Minn. Ct. App. 2008
- State v. Outlaw 748 N.W.2d 349 Minn. Ct. App. 2008
- State v. Wren 738 N.W.2d 378 Minn. 2007
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State v. Wren
738 N.W.2d 378
Minn. 2007
(noting that in general “were they lying” questions are improper); (concluding that prosecutor’s elicitation of testimony from witnesses that they believed the victim’s version of events was improper); -10 (Minn.1984) (“With respect to most crimes the credibility of a witness is peculiarly within the competence of the jury, whose co
- State v. Blanche 696 N.W.2d 351 Minn. 2005
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State v. Blanche
696 N.W.2d 351
Minn. 2005
-52 (holding that district court committed plain error by allowing testimony that witnesses believed the complainant’s story about sexual assaults).
- State v. McNeil 658 N.W.2d 228 Minn. Ct. App. 2003
- State v. McNeil 658 N.W.2d 228 Minn. Ct. App. 2003
- State v. Taylor 650 N.W.2d 190 Minn. 2002
- State v. Taylor 650 N.W.2d 190 Minn. 2002
- State v. Strommen 648 N.W.2d 681 Minn. 2002
- State v. Strommen 648 N.W.2d 681 Minn. 2002
- In Re the Welfare of S.S.E. 629 N.W.2d 456 Minn. Ct. App. 2001
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In Re the Welfare of S.S.E.
629 N.W.2d 456
Minn. Ct. App. 2001
(stating even if party failed to object, this court will consider plain error affecting substantial rights if error’s effect denied defendant a fair trial).
- State v. Fedor 628 N.W.2d 164 Minn. Ct. App. 2001
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State v. Fedor
628 N.W.2d 164
Minn. Ct. App. 2001
(); (requiring “good reason” to overlook defendant’s failure to object).