Cited by
Opinions in Minnesota that cite Rainer v. State, 566 N.W.2d 692.
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Zornes v. State
903 N.W.2d 411
Minn. 2017
“An evidentiary hearing 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.’ ” ().
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
he evidence was not known to the defendant or defense counsel at the time of trial; (2) the evidence cou ld not have been discovered through due diligence prior to trial; (3) the evidence is not “cumulative, impeaching, or doubtful”; and (4) “the evidence would probably produce an acquittal or a more favorable result.” ().
- Brown v. State 895 N.W.2d 612 Minn. 2017
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Brown v. State
895 N.W.2d 612
Minn. 2017
“An ‘evidentiary hearing 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.’ ” ()
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A16-0648
Minn. 2017
“An ‘evidentiary hearing 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.’ ” (); .
- State v. Mosley 895 N.W.2d 585 Minn. 2017
- State v. Mosley 895 N.W.2d 585 Minn. 2017
- Pearson v. State 891 N.W.2d 590 Minn. 2017
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Pearson v. State
891 N.W.2d 590
Minn. 2017
Based on these findings, (explaining that the third requirement of the newly discovered evidence test is that the evidence not be “cumulative, impeaching, or doubtful”).
- Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2017
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Brett Thomas Green v. State of Minnesota
Minn. Ct. App. 2017
Carridine, d at 496 () (quotation marks omitted).
- Timothy Ayman Bakdash v. State of Minnesota Minn. Ct. App. 2016
- Timothy Ayman Bakdash v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Michael William Kirby Minn. Ct. App. 2016
- State of Minnesota v. Michael William Kirby Minn. Ct. App. 2016
- Brandon Darnell Barnes v. State of Minnesota Minn. Ct. App. 2016
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Brandon Darnell Barnes v. State of Minnesota
Minn. Ct. App. 2016
4(b)(2) (2014); (holding that a new trial may be granted on the basis of newly discovered evidence when the defendant proves “(1) that the evidence was not known to the defendant or his/her counsel at the time of the trial; (2) that the evidence could not have been discovered through due diligence before trial
- Thomas Daniel Rhodes v. State of Minnesota, A13-560 875 N.W.2d 779 Minn. 2016
- Thomas Daniel Rhodes v. State of Minnesota, A13-560 875 N.W.2d 779 Minn. 2016
- State of Minnesota v. Stanley Allen Brown, Jr. Minn. Ct. App. 2016
- State of Minnesota v. Stanley Allen Brown, Jr. Minn. Ct. App. 2016
- Francisco Vincent Vargas v. State of Minnesota Minn. Ct. App. 2015
- Francisco Vincent Vargas v. State of Minnesota Minn. Ct. App. 2015
- Eduardo Cortez, Jr. v. State of Minnesota Minn. Ct. App. 2015
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Eduardo Cortez, Jr. v. State of Minnesota
Minn. Ct. App. 2015
d 692, 695 (Minn. 1997) (postconviction petition); -34 (Minn. App. 1989) (motion to correct sentence).
- Crystal Marie Vodinelich v. State of Minnesota Minn. Ct. App. 2015
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Crystal Marie Vodinelich v. State of Minnesota
Minn. Ct. App. 2015
7 -92 (Minn. App. 2014) (considering a postconviction claim of newly discovered evidence following a guilty plea), review denied (Minn. Jan.
- Chaun Dubae Carridine v. State of Minnesota 867 N.W.2d 488 Minn. 2015
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Chaun Dubae Carridine v. State of Minnesota
867 N.W.2d 488
Minn. 2015
a preponderance of the evidence: “(1) that the evidence was not known to the defendant or his/her counsel at the time of the trial; (2) that the evidence could not have been discovered through due diligence before trial; (3) that the evidence is not cumulative, impeaching, or doubtful; and (4) that the evidence would probably produce an acquittal or a more favorable result.”
- 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. Keon Malone Mangun Minn. Ct. App. 2015
- State of Minnesota v. Keon Malone Mangun Minn. Ct. App. 2015
- State of Minnesota v. Justin Michael Fenney Minn. Ct. App. 2015
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State of Minnesota v. Justin Michael Fenney
Minn. Ct. App. 2015
1 The second 1 with the Larrison test.
- Rojelio Castillo v. State of Minnesota Minn. Ct. App. 2015
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Rojelio Castillo v. State of Minnesota
Minn. Ct. App. 2015
granted when a defendant proves: “(1) that the evidence was not known to the defendant or his/her counsel at the time of the trial; (2) that the evidence could not have been discovered through due diligence before trial; (3) that the evidence is not cumulative, impeaching, or doubtful; and (4) that the evidence would probably produce an acquittal or a more favorable result.”
- Eugene Erick Fort v. State of Minnesota 861 N.W.2d 674 Minn. 2015
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Eugene Erick Fort v. State of Minnesota
861 N.W.2d 674
Minn. 2015
We affirmed, 4 (Minn. 1997), and that Fort failed to meet the threshold for new forensic testing because he “made no assertion that new technology ha[d] been developed to render the sample from the 12-inch smear capable of demonstrating Fort’s ‘actual innocence.’ ” Fort II, 82
- Nissalke v. State 861 N.W.2d 88 Minn. 2015
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Nissalke v. State
861 N.W.2d 88
Minn. 2015
A defendant is entitled to an eviden-tiary hearing on a newly discovered evidence claim if he alleges facts that, if proven by a preponderance of the evidence, which requires that the new evidence: (1) was not known to the petitioner or his or her counsel at the time of trial; (2) could not have been discovered through due diligence before trial; *92 (3) is not cumulative, impeaching, or doubtful; and (4) would probably produce an acquittal or a more favora
- De-Aunteze Lavion Bobo v. State of Minnesota 860 N.W.2d 681 Minn. 2015
- Michael Wayne v. State of Minnesota 860 N.W.2d 702 Minn. 2015
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De-Aunteze Lavion Bobo v. State of Minnesota
860 N.W.2d 681
Minn. 2015
Following an evidentiary hearing, the postconviction court determined that, because the witnesses who testified on Bobo’s behalf were not credible
- Michael Wayne v. State of Minnesota 860 N.W.2d 702 Minn. 2015
- Myon Demarlo Burrell v. State of Minnesota 858 N.W.2d 779 Minn. 2015
- Myon Demarlo Burrell v. State of Minnesota 858 N.W.2d 779 Minn. 2015
- State of Minnesota v. Todd Timothy Clark Minn. Ct. App. 2014
- State of Minnesota v. Todd Timothy Clark Minn. Ct. App. 2014