Cited by
Opinions in Minnesota that cite Roby v. State, 547 N.W.2d 354.
- State of Minnesota v. Xavier Alfred Haywood Minn. Ct. App. 2020
- State of Minnesota v. Raymond Joseph Traylor Minn. Ct. App. 2020
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State of Minnesota v. Antonio Cornelius Neal
Minn. Ct. App. 2020
(“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. Jason John Gascoigne
Minn. Ct. App. 2020
(“This court generally will not decide issues which were not raised before the district court.”).
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State of Minnesota v. Liban Khalif Abdirahman
Minn. Ct. App. 2020
See Roby v. State , (noting appellate courts “generally will not decide issues which were not raised before the district court”).
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State of Minnesota v. Natausha Rae Smith
Minn. Ct. App. 2020
See Kuhlmann, d at 852; (stating that “appellate courts generally will not decide issues which were not raised before the district court”).
- State of Minnesota v. Frankie Dylan Dircks Minn. Ct. App. 2020
- State of Minnesota v. Stephen Charles Iepson Minn. Ct. App. 2020
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State of Minnesota v. Angela Lorraine Loose
Minn. Ct. App. 2020
Safety , (quotation omitted).5 Appellate courts “generally will not decide issues which were not raised before the district court.” Roby v. State , (Mi nn.
- State of Minnesota v. Edgar Noe Lopez-Monter Minn. Ct. App. 2020
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State of Minnesota v. Morgan Robert Nehring
Minn. Ct. App. 2020
See Roby v. State , (noting that a failure to raise an issue precludes its litigation on appeal).
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State of Minnesota v. Ricardo Dale Smith
Minn. Ct. App. 2020
See Roby v. State , (holding that a party cannot raise a new issue on appeal).
- State of Minnesota v. Robert Eugene Howard Minn. Ct. App. 2020
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State of Minnesota v. Kristopher Lee Roybal
Minn. Ct. App. 2020
(stating 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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Nathan Christopher Braun v. State of Minnesota
Minn. Ct. App. 2020
(refusing to consider the merits of an issue raised for the first time on appeal without an adequate record), review denied (Minn. Nov.
- State of Minnesota v. Joseph Frank Rezac Minn. Ct. App. 2020
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State of Minnesota v. John Melvin Karnes
Minn. Ct. App. 2020
8; d 354, 357 (Minn. 1996) (explaining that an appellate court “generally will not decide issues that were not raised before the district court”).
- Bolus Andre Dimbiti v. State of Minnesota Minn. Ct. App. 2020
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State of Minnesota v. Rick Alan Larson
Minn. Ct. App. 2020
(holding that a party cannot raise a new issue on appeal).
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State of Minnesota v. Eric Walter Braunig
Minn. Ct. App. 2020
See Roby v. State , 3 But appellate courts can “deviate from this rule when the interests of justice require consideration of such issues and doing so would not unfairly surprise a party to the appeal.” Id.; (considering equal-protection claim “in the inte
- Simon Duku Boateng v. State of Minnesota Minn. Ct. App. 2020
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State of Minnesota v. Steven Leon Reyes
Minn. Ct. App. 2020
1 Generally, this court will not decide an issue that was “not raised before the district court, including constitutional questions of criminal procedure.”
- State of Minnesota v. Charlene Marie Nelson Minn. Ct. App. 2019
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State of Minnesota v. Richard Danell Dunston
Minn. Ct. App. 2019
See Roby v. State , (stating principle that an appellate court will not decide issues not raised in district court).
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In re: the Petition of M.L.H. and J.N.H. to Adopt S.G.P.
Minn. Ct. App. 2019
See Roby v. State , (deeming forfeited constitutional questions not raised in the district court unless consideration is required in the interests of justice and the other party will not be unfairly surprised).
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State of Minnesota v. Tom Jr. Trass
Minn. Ct. App. 2019
An appellate court “generally will not decide issues that were not raised before the district court.”
- State of Minnesota v. Michael Alan Bunnell Minn. Ct. App. 2019
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State of Minnesota v. Anthony Lee Nelson
Minn. Ct. App. 2019
d 354, 357 (Minn. 1996) (“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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Prince Lashone Holt v. State of Minnesota
Minn. Ct. App. 2019
“An evidentiary hearing upon a petition for postconviction relief is not required unless the petitioner alleges such facts which, if proved by a fair preponder ance of the evidence, would entitle him or her to the requested relief.”
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State of Minnesota v. Ernest Alvin Ranzy
Minn. Ct. App. 2019
d 543, 553 (Minn. 2010) (providing that objections to complaint must be made at least three days before omnibus hearing or they are waived); (holding that issues not raised in district court, including “constitutional questions of criminal procedure,” are generally not considered for the first time on appeal).
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Leonard Connell Brown, Jr. v. State of Minnesota
Minn. Ct. App. 2019
(stating that a reviewing court “will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”); see also State v. Marsh, ___ N.W.2d ___, ___ , 2019 WL 2571677, at *3 (Minn. App. June 24, 2019) (holding that when the parties agr
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John Louis Corrigan v. State of Minnesota
Minn. Ct. App. 2019
See Andersen v. State , d 417, 428 n.11 (Minn. 2018) (citing Roby v. State , ) 3 To the extent Corrigan argues that he was entitled to an evidentiary hearing under Minn. Stat. § 590.04, subd.
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State of Minnesota v. Adrian Thomas Howell
Minn. Ct. App. 2019
(stating that review of a rul e 26.01, subdivision 4, proceeding is limited to the dispositive pretrial ruling); (stating that appellate courts “generally will not decide issues which were not raised before the district court); State v. B utcher, (stating that issues not adequately briefed are waived), review denied (Minn. Aug.
- State of Minnesota v. Ramiro Alejandro Pena Minn. Ct. App. 2019
- State of Minnesota v. Reuel Moshe Yehuda Minn. Ct. App. 2019
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State of Minnesota v. Arron Whitney McDole
Minn. Ct. App. 2019
(stating appellate courts “generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure”); State v. Carroll , d 623, 629 n.3 (Minn. App. 2002) (“A party may not obtain review by raising the same issue under a
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In the Matter of the Welfare of: C. A. H
Minn. Ct. App. 2019
15a (2018) (“‘Must’ is mandatory.”); (“This court generally will not decide issues which were not raised before the district court.”); (refusing to consider constitutional issue because arguments were not raised in the district court).
- State v. Marsh 931 N.W.2d 825 Minn. Ct. App. 2019
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State v. Marsh
931 N.W.2d 825
Minn. Ct. App. 2019
See Roby v. State , , 357 (Minn. 1996) (stating that a reviewing court "will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.").
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William Marcus Daniel Edwards Appellant v. State of Minnesota
Minn. Ct. App. 2019
d 354, 357 (Minn. 1996).
- State of Minnesota v. Damon Ray Garnett Minn. Ct. App. 2019
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Michael David Henderson v. State of Minnesota
Minn. Ct. App. 2019
“An evidentiary hearing upon a petition for postconviction relief is not required unless the petitioner alleges such facts which, if proved by a fair preponderance of the evidence, would entitle him or her to the requested relief.” Roby v. State
- State of Minnesota, vs Zachariah Daniel Wilson Minn. Ct. App. 2019
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Olimpia Onofre Cedillo, et al v. Herbert Azubuike Igbanugo, et al
Minn. Ct. App. 2019
(“[L]itigants are bound [ on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”); (holding that an appellate court generally will not consider matters not argued to and considered by the district court).
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State of Minnesota v. Robert Michael Windell
Minn. Ct. App. 2019
(“[An appellate court] generally will not decide issues which were not raised before the district court .
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David Wayne Benolt v. State of Minnesota
Minn. Ct. App. 2019
d 354, 357 (Minn. 1996); review denied (Minn. Aug.
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State of Minnesota v. Lewonda Jones
Minn. Ct. App. 2019
d 354, 357 (Minn. 1996) (noting that an appellate court “generall y will not decide issues which were not raised before the district court.”).
- State v. Sh aka 927 N.W.2d 762 Minn. Ct. App. 2019
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State v. Sh aka
927 N.W.2d 762
Minn. Ct. App. 2019
Roby v. State , , 357 (Minn. 1996) ; see also State v. Wickner , , 862-63 (Minn. App. 2004) (declining to address appellant's vindictive-prosecution argument because appellant did not raise the issue at trial), review denied (Minn. Mar.
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State of Minnesota v. Brendon Scott Vagle
Minn. Ct. App. 2019
was not raised to the district court.” An appellate court “generally will not decide issues which were not raised before the district court, including constitutional questions of criminal procedure.”