Cited by
Opinions in Minnesota that cite State v. Vick, 632 N.W.2d 676.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(“[T]he real question before us is not whether the [district] court erred in admitting the evidence, but instead is whether the [district] court’s failure to sua sponte strike the testimony or provide a cautionary instruction was plain error.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(“[T]he real question before us is not whether the [district] court erred in admitting the evidence, but instead is whether the [district] court’s failure to sua sponte strike the testimony or provide a cautionary instruction was plain error.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
However, an appellate court may consider a waived issue if there is (1) error, (2) that is plain, and (3) the error affects the defendant’s substantial rights.” -85 (Minn. 2001) (citation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(explaining that an appellate court may review unobjected-to error for (1) error, (2) that is plain, and (3) that affects substantial rights before the appellate court decides whether (4) the error seriously affected the fairness and integrity of the judicial p roceedings).
- In the Matter of the Civil Commitment of: Daniel A. Wilson. Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(“Because [defendant’s] attorney’s comments, viewed in context, do not constitute a confession, a new trial is not warranted on this basis.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See, (evidence of appellant’s actions was sufficient to support element of sexual intent); d 509, 510–11 (Minn. 1991) (same); (same).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“If these three prongs are met, the court must then decide whether it should address the issue in order to ensure fairness and the integrity of the judicial proceedings.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“If these three prongs are met, the court must then decide whether it should address the issue in order to ensure fairness and the integrity of the judicial proceedings.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
If the three prongs of the plain-error standard are satisfi ed, “the court must then decide whether it should address the issu e in order to ensure fairness a nd the integrity of the judicial proceedings.” 85 (Minn. 2001) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
The state argues that, because Acevedo did not object to the evidence he challenges on appeal, the relevant question is “whether the trial court erred by not sua sponte striking the disputed evidence.” In support of this argument, the state cites State v. Vick , in which the supreme court considered whether the district court committed plain error by admitting other -acts evidence “without adherence to the Spreigl procedural requirements.” Id.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
14, 2010), or a touch with a benign intent, such as in the course of 5 caregiving activities
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“ If these three prongs are met, the court must then decide whether it should address the issue in order to ensure fairness and the integrity of the judicial proceedings.” (quotation omitted).
- State v. Vasquez 912 N.W.2d 642 Minn. 2018
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State v. Vasquez
912 N.W.2d 642
Minn. 2018
State v. Vick , , 684 (Minn. 2001).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“It is well settled that one witness may not vouch for or against the credibility of another witness.” 9 (Minn. 2001) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Such vouching occurs when one witness testifies “for or against the credibility of another witness.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Failure to object to the admission of ev idence generally constitutes [forfeiture] of the right to appeal on that basis.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Failure to object to the admission of evidence generally constitutes [forfeiture] of the right to appeal on that basis.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
But “a [district] court’s failure to sua sponte strike unnoticed Spreigl evidence or provide a cautionary instruction is not ordinarily plain error.” State v. Vick
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“A defendant bears a heavy burden to overturn a jury verdict.” d 676, 690 (Minn. 2001).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“A defendant bears a heavy burden to overturn a jury verdict.”
- State of Minnesota v. Renard Rucker Minn. Ct. App. 2017
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State of Minnesota v. Renard Rucker
Minn. Ct. App. 2017
Given the heavy burden appellant must carry to overturn a conviction, we conclude that appellant’s conviction is supported by sufficient evidence.
- State of Minnesota v. Rhonda Jean Fitzgerald-Hunter Minn. Ct. App. 2017
- State of Minnesota v. Rhonda Jean Fitzgerald-Hunter Minn. Ct. App. 2017
- State of Minnesota v. Scott Joseph Arnes Minn. Ct. App. 2017
- State of Minnesota v. Scott Joseph Arnes Minn. Ct. App. 2017
- State of Minnesota v. Bryan Blocker Minn. Ct. App. 2016
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State of Minnesota v. Bryan Blocker
Minn. Ct. App. 2016
“A defendant bears a heavy burden to overturn a jury verdict.”
- State of Minnesota v. Ashley Ann Johnson Minn. Ct. App. 2016
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State of Minnesota v. Ashley Ann Johnson
Minn. Ct. App. 2016
Given the heavy burden she must carry to overturn a verdict, Johnson cannot prevail in light of the state’s evidence.
- In the Matter of the Welfare of: A. G., Child. Minn. Ct. App. 2016
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In the Matter of the Welfare of: A. G., Child.
Minn. Ct. App. 2016
must carry to overturn a conviction, d 676, 690 (Minn. 2001), we conclude that the district court’s finding that A.G.
- State of Minnesota v. Mark Allan Misgen Minn. Ct. App. 2016
- State of Minnesota v. Mark Allan Misgen Minn. Ct. App. 2016
- State of Minnesota v. Jeremia Joseph Loper Minn. Ct. App. 2016
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State of Minnesota v. Jeremia Joseph Loper
Minn. Ct. App. 2016
d 676, 691 (Minn. 2001) (stating that circumstances of sexual contact “negate[d] the possibility of an innocent explanation such as accidental touching or touching in the course of caregiving”).
- Fahad Abdihaim Diriye v. State of Minnesota Minn. Ct. App. 2016