Cited by
Opinions in Minnesota that cite Roby v. State, 547 N.W.2d 354.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“This court generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota v. Dennis Vincent Gomez
Minn. Ct. App. 2026
(stating that appellate courts “generally will not decide issues which were not raised before the district court”).
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State of Minnesota, Appellant,
Minn. Ct. App. 2026
(stating that appellate courts generally will not consider matters not argued to and considered by the district court).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(stating that appellate courts “generally will not decide issues which were not raised before the district court”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(stating that an appellate court generally will not decide issues that were not raised in the district court).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(denying relief related to hearsay argument raised for the first time on appeal); (“This court generally will not decide issues which were not raised before the district court .
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
the issue is not properly before this court.” n.1 (Minn. App. 2018); see Roby v. State , (“[Appellate] court[s] generally will not decide issues which were not raised before the district court.
- State of Minnesota v. Guy Willard Blessing Minn. Ct. App. 2026
- State of Minnesota v. Kenneth Gale Lanham Minn. Ct. App. 2026
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State of Minnesota v. Kenneth Gale Lanham
Minn. Ct. App. 2026
Further, even if the statutory interpretation argument had been forfeited, we can still consider an argument raised for the first time on appeal “when the interests of justice require consideration of such issues and doing so would not unfairly surprise a party to the appeal.” see also Minn. R. Crim.
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State of Minnesota v. Guy Willard Blessing
Minn. Ct. App. 2026
(reaffirming the principle that “[t]his court generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(explaining that appellate courts generally do not consider issues that a party did not present to the district court).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(stating that appellate courts “consider only those issues that the record shows were presented and considered by the [district] court in deciding the matter before it” (quotation omitted)); (holding that in reviewing a district court’s decision, appellate courts “generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.” 5 investigative stops by police.
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State of Minnesota, Respondent, vs. Jhonathan Jontae Robinson, Appellant.
Minn. Ct. App. 2025
(stating that appellate courts generally will not consider matters not argued to and considered by the district court).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Generally, appellate courts “will not decide issues which were not raised before the district court.”
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Appellant/Cross-Respondent v. Seneca Warrior Steeprock, Respondent/Cross-Appellant Minn. 2025
- State of Minnesota, Appellant/Cross-Respondent v. Seneca Warrior Steeprock, Respondent/Cross-Appellant Minn. 2025
- In the Matter of the Civil Commitment of: Elakie Fale Minn. Ct. App. 2025
- State of Minnesota v. Christopher Lawrence Hunt Minn. Ct. App. 2025
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State of Minnesota v. Christopher Lawrence Hunt
Minn. Ct. App. 2025
An appellate court “generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”
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In the Matter of the Civil Commitment of: Elakie Fale
Minn. Ct. App. 2025
Thiele, d at 582-83; (stating that appellate courts generally will not decide issues which were not raised before the district court, including issues of constitutional law).
- State of Minnesota, Respondent, vs. Abdusalam Omar Hussein, Appellant Minn. Ct. App. 2025
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State of Minnesota, Respondent, vs. Abdusalam Omar Hussein, Appellant
Minn. Ct. App. 2025
(determining the appellant forfeited an objection to a warrantless search because the issue was not raised during district court proceedings); Minn. R. Crim.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
(stating that, generally, appellate courts do not consider matters not argued to the district court).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
substantial basis to conclude that the challenged warrant was supported by probable cause, we need not address the state’s alternative argument that we “should adopt the contemporaneous- warrant doctrine.” We also observe that this issue was not raised during district court proceedings, and we “generally will not decide issues which were not raised before the district court.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
d 354, 357 (Minn. 1996) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Appellate courts “generally will not decide issues which were not raised before the district court.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
An appellate court “generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Roby v. State , 1 McDowell also contends that the cracked windshield cannot “serve as a basis justifying the officers’ seizure” because the officers did not conduct the traffic stop at the earliest opportunity, and instead, the stop was based on the officers’ subjective intent to investigate the driver for a potential felo
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Juan Silva, petitioner, Appellant,
Minn. Ct. App. 2025
f the subdivision 4(b) exceptions to the time-bar—especially as to Silva’s April 25, 2024 amended motion for vacated sentence— (“Because Azure did not raise the claim in his postconviction petition and the postconviction court made no findings on the issue, we have no postconviction ruling to review.”); (explaining that appellate courts “generally will not decide issues which were not raised before the district court”); n.5 (Minn. App. 2022) (“an appellate court will not consider matters not arg
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
A party cannot “obtain review by raising the same issue litigated below but under a different theory.” Thiele v. Stich , (applying Thiele to a criminal case).
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Roosevelt Bartu, Jr., petitioner, Appellant,
Minn. Ct. App. 2025
(holding that appellate courts “generally will not decide issues which were not raised before the district court”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
We “generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”
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Remona Lysa Brown, petitioner, Appellant,
Minn. Ct. App. 2025
(stating that reviewing courts generally will not decide issues not raised in district court); (declining to consider a postconviction argument not raised in district court).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“This court generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
It is well settled that appellate courts “generally will not decide issues which were not raised before the district court.” d 354, 357 (Minn. 1996); (stating that appellate courts do not consider issues on appeal that were not p resented to, and considered by, the district court).
- State of Minnesota, Appellant, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
See Roby v. State , (“This court generally will not decide issues which were not raised before the district court .
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(“This court generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(“This court generally will not decide issues which were not raised before the district court .
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In the Matter of the Welfare of J. D. C., Child.
Minn. Ct. App. 2024
(holding that failure to raise issue in district court precludes consideration on appeal); -83 (Minn. 1988) (“An appellate court may not base its decision on matters outside the record on appeal, and may not consider matters not produced and received in evidence
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Victor Cortez Shelton, petitioner, Appellant,
Minn. Ct. App. 2024
Andersen , d at 428 n.11 ( ).
- Kay "KT" Jacobs v. City of Columbia Heights 9 N.W.3d 536 Minn. 2024
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Kay "KT" Jacobs v. City of Columbia Heights
9 N.W.3d 536
Minn. 2024
And notably, considering the issue of malfeasance “would not unfairly surprise” Jacobs on appeal, Jacobs briefed the issue of malfeasance below and the district court fully considered the issue, explaining in its order why it believed the petition alleged malfeasance.
- State of Minnesota, Respondent, Minn. Ct. App. 2024