Cited by
Opinions in Minnesota that cite Roby v. State, 547 N.W.2d 354.
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State of Minnesota v. Gerald Willie Dixon
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 v. Anthony Kayne Johnston
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 v. State of Minnesota
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 v. Dedric Maurice Willis Minn. Ct. App. 2024
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Sheila Maurise Burski v. State of Minnesota
Minn. Ct. App. 2024
Consequently, (stating that this court generally considers only those issues that were presented to the district court); see also Brooks v. State , -19 (Minn. App. 2017) (declining to consider arguments “based on mere assertion and not supported by legal authority or argument”).
- State of Minnesota v. Jahee Jamill Lasley Minn. Ct. App. 2024
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State of Minnesota v. Jordan King LaBelle
Minn. Ct. App. 2024
On appeal, a party cannot “obtain review by raising the same general issue litigated below but under a different theory.” (applying Thiele in a criminal case).
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State of Minnesota v. Bruce George Peck
Minn. Ct. App. 2024
(agreeing that a party’s “failure to raise the issue before the district court at trial precludes .
- State of Minnesota v. Anthony Lee Prellwitz Minn. Ct. App. 2024
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State of Minnesota v. Anthony Lee Prellwitz
Minn. Ct. App. 2024
d 354, 357 (Minn. 1996) (holding that issues are waived on appeal if not raised to the district court).
- State of Minnesota v. Devin Matthew Weiland Minn. Ct. App. 2024
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State of Minnesota v. Devin Matthew Weiland
Minn. Ct. App. 2024
id, as are all convictions and sentences under them.” Weiland did not make this argument to the district court, (stating that appellate courts generally will not consider matters not argued to and considered by the district court); Roby 14 v. State, (stating that appellate courts “generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure”).
- State of Minnesota v. Yaroslav Yaroslavovich Murza Minn. Ct. App. 2024
- State of Minnesota v. Yaroslav Yaroslavovich Murza Minn. Ct. App. 2024
- Dale LeRoy Tiede, et al v. County of Le Sueur, et al., Daniel J. Sullivan Minn. Ct. App. 2024
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Dale LeRoy Tiede, et al v. County of Le Sueur, et al., Daniel J. Sullivan
Minn. Ct. App. 2024
To support his argument, Sullivan cites Roby v. State, which provides that appellate courts “generally will not decide issues which were not raised before the district court.”
- State of Minnesota v. Nicholas James Gould Minn. Ct. App. 2024
- State of Minnesota v. Nicholas James Gould Minn. Ct. App. 2024
- State of Minnesota v. Chad William Buckley Minn. Ct. App. 2024
- State of Minnesota v. Chad William Buckley Minn. Ct. App. 2024
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Tyler Edward Connell v. Commissioner of Public Safety
Minn. Ct. App. 2024
d 354, 357 (Minn. 1996).
- State of Minnesota v. Ricky Jesse Lopez Minn. Ct. App. 2024
- State of Minnesota v. Eric Dow Johnson Minn. Ct. App. 2024
- State of Minnesota v. Devondre Demont Pike Minn. Ct. App. 2024
- State of Minnesota v. Jhonathan Jontae Robinson Minn. Ct. App. 2024
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State of Minnesota v. Eric Dow Johnson
Minn. Ct. App. 2024
See, (stating that appellate courts generally address only those questions previously raised before the district court).
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State of Minnesota v. Devondre Demont Pike
Minn. Ct. App. 2024
See, (holding that the failure to raise an issue before the district court precludes its litigation on appeal); (“The law is clear in Minnesota that the constitutionality of a statute cannot be challenged for the first time on appeal.”).
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State of Minnesota v. Jhonathan Jontae Robinson
Minn. Ct. App. 2024
See id.; see also Roby v. 7 State, (recognizing that appellate courts “generally will not decide issues which were not raised before the district court”).
- State of Minnesota v. Terrick Anthony Ruffin Minn. Ct. App. 2024
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State of Minnesota v. Terrick Anthony Ruffin
Minn. Ct. App. 2024
(stating that we “generally will not decide issues which were not raised before the district court”).
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State of Minnesota v. Paul Scott Seeman
Minn. Ct. App. 2024
(stating that appellate courts generally do not decide issues not raised before the district court).
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State of Minnesota v. Donald Dequai Crenshaw
Minn. Ct. App. 2024
See Roby v. State , (stating appellate courts do not decide issues that were not raised in district court).
- State of Minnesota v. Keevin Lashawn Hinton Minn. Ct. App. 2023
- Randy Terrell Mayberry v. State of Minnesota Minn. Ct. App. 2023
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State of Minnesota v. Keevin Lashawn Hinton
Minn. Ct. App. 2023
Hinton challenges the canine sniff, arguing that law enforcement lacked reasonable, articulable suspicion because the CRI provided 16 information that Hinton was selling drugs on the streets “but had no information regarding Hinton’s residence.” We “generally will not decide issues which were not raised before the district court.”
- Randy Terrell Mayberry v. State of Minnesota Minn. Ct. App. 2023
- State of Minnesota v. Ryan James Martens Minn. Ct. App. 2023
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State of Minnesota v. Ryan James Martens
Minn. Ct. App. 2023
(stating that “[a] defendant’s objection to the admission of evidence preserves review only for the stated basis for the objection or a basis apparent from the context of the objection”); d 354, 357 (Minn. 1996) (stating that appellate courts “generally will not decide issues which were not raised before the district court”).
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State of Minnesota v. Malcolm Jamal Allen
Minn. Ct. App. 2023
(declaring that party’s “failure to raise the issue before the district court at trial precludes its litigation on appeal”); (stating that “[a] defendant’s objection to the admission of evidence preserves review only for the stated basis for
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State of Minnesota v. Weston Marshal Voeltz
Minn. Ct. App. 2023
.” see Brown, d at 618 (“The [postconviction] petition must allege more than argumentative assertions without factual support.” (quotation omitted)).
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State of Minnesota v. Jacob Ronald Shea
Minn. Ct. App. 2023
our review is further limited to the pretrial order that denied Ortega’s motion to suppress.”); (stating appellate courts will not decide issues first raised on appeal).
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State of Minnesota v. Cortez Deon Banks
Minn. Ct. App. 2023
(explaining that appellate courts “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 v. Nathan Christopher Braun
Minn. Ct. App. 2023
d 580, 582 (Minn. 1988) (stating that generally, appellate courts address only those questions 10 previously presented to and considered by the district court); d 354, 357 (Minn. 1996) (applying this principle to a criminal appeal).
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State of Minnesota v. Malachi Daniel Smith
Minn. Ct. App. 2023
at 648 (acknowledging that legal challenges to sentences typically must be made to the district court) ; (declaring that appellant’s “failure to raise the issue before the district court at trial precludes its litigation on appeal”).
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State of Minnesota v. Jacob Richard Lindekugel
Minn. Ct. App. 2023
(explaining that appellate courts “generally will not decide issues which were not raised before the district court”).
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State of Minnesota v. Donalonte Jamar Wade
Minn. Ct. App. 2023
As a threshold matter, we note that appellate courts “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 v. Willie B. Brown, Jr.
Minn. Ct. App. 2023
d 354, 357 (Minn. 1996) .