Cited by
Opinions in Minnesota that cite Bernhardt v. State, 684 N.W.2d 465.
- State of Minnesota v. Phillip Charles Jones Minn. Ct. App. 2024
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State of Minnesota v. Isabella Anne Gendron
Minn. Ct. App. 2024
A conviction will not be reversed “if [a] jury, acting with due regard for the presumption of innocence and for the necessity of overcoming it by proof beyond a reasonable doubt, could reasonably conclude that a defendant was proven guilty of the offense charged.” -77 (Minn. 2004) (quotation omitted).
- State of Minnesota v. Crystal Ann Olson Minn. Ct. App. 2024
- State of Minnesota v. Michael Adam Davis Minn. Ct. App. 2024
- State of Minnesota v. Michael Adam Davis Minn. Ct. App. 2024
- State of Minnesota v. James Michael Peterson Minn. Ct. App. 2024
- State of Minnesota v. Shante Cheriece Davis Minn. Ct. App. 2024
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State of Minnesota v. Shante Cheriece Davis
Minn. Ct. App. 2024
“Circumstantial evidence is entitled to the same weight as direct evidence; however, if a conviction is based on circumstantial evidence, a higher level of scrutiny is warranted.”
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State of Minnesota v. James Michael Peterson
Minn. Ct. App. 2024
Peterson cites three circumstantial-evidence cases to support his argument for reversal based on either of his alternative hypotheses:
- In the Matter of the Welfare of: A. A. S., Child Minn. Ct. App. 2024
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
- In the Matter of the Welfare of: A. A. S., Child Minn. Ct. App. 2024
- State of Minnesota v. Shawn Eric Clement Minn. Ct. App. 2024
- State of Minnesota v. Mitchell David Johnson Minn. Ct. App. 2024
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State of Minnesota v. Mitchell David Johnson
Minn. Ct. App. 2024
n.11 (Minn. 2004) (defining circumstantial evidence); see also Lampkin, d at 291 (stating that “intent is generally proven by circumstantial evidence”).
- State of Minnesota, Respondent/Cross-Appellant v. David Darnell Jones, Jr., Appellant/Cross-Respondent Minn. 2024
- State of Minnesota, Respondent/Cross-Appellant v. David Darnell Jones, Jr., Appellant/Cross-Respondent Minn. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Omar Abubakar Maani Minn. Ct. App. 2024
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State of Minnesota v. Omar Abubakar Maani
Minn. Ct. App. 2024
“An appellate court will not disturb a guilty verdict if the fact-finder, acting with due regard for the presumption of innocence and the requirement of proof beyond a reasonable doubt, could have reasonably concluded that the state proved the defendant’s guilt.” –96 (Minn. App. 2022) (–77 (Minn. 2004)).
- State of Minnesota v. Steven Craig Morrow Minn. Ct. App. 2024
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State of Minnesota v. Steven Craig Morrow
Minn. Ct. App. 2024
Circumstantial evidence on the other hand is evidence “based on inference and not on personal knowledge or observation and all evidence that is not given by eyewitness testimony.” n.11 (Minn. 2004) (citation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“Direct evidence is evidence based on personal knowledge or observation that, if true, proves a fact without inference.” ( n.11 (Minn. 2004)).
- State of Minnesota v. Shane Ryan Oneil Minn. Ct. App. 2024
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State of Minnesota v. Shane Ryan Oneil
Minn. Ct. App. 2024
d 465, 476-77 (Minn. 2004).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Elsa E. Segura Minn. 2024
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State of Minnesota v. Elsa E. Segura
Minn. 2024
ional and whether any inferences contrary to 2 See Evidence, Black’s Law Dictionary (11th ed. 2019) (defining circumstantial evidence as “[e]vidence based on inference and not on personal knowledge or observation” and direct evidence as “[e]vidence that is based on personal knowledge or observation and that, if true, proves a fact without inference or presumption”); n.11 (Minn. 2004) (defining direct and circumstantial evidence).
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Raymond Allen Torgerson Minn. Ct. App. 2024
- State of Minnesota v. Raymond Allen Torgerson Minn. Ct. App. 2024
- State of Minnesota v. Henry James Johnson, Jr. Minn. Ct. App. 2023
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State of Minnesota v. Henry James Johnson, Jr.
Minn. Ct. App. 2023
n.11 (Minn. 2004) (“Circumstantial evidence is defined as evidence based on inference and not on personal knowledge or observation .
- State of Minnesota v. Keevin Lashawn Hinton Minn. Ct. App. 2023
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State of Minnesota v. Keevin Lashawn Hinton
Minn. Ct. App. 2023
“Circumstantial evidence is entitled to the same weight as direct evidence; however, if a conviction is based on circumstantial evidence, a higher level of scrutiny is warranted.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota v. Christopher James Colgrove Minn. 2023
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State of Minnesota v. Christopher James Colgrove
Minn. 2023
We do not disturb the verdict “if the jury, acting with due regard for the presumption of innocence and for the necessity of overcoming it by proof beyond a reasonable doubt, could reasonably conclude that a defendant was proven guilty of the offense charged.” –77 (Minn. 2004) (citation omitted) (internal quotation marks omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Minn. 2023
See, –76 (Minn. 2004) (ending analysis without reaching the appellant’s Confrontation Clause claim because the statements were inadmissible hearsay).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Direct evidence is evidence based on personal knowledge or observation that, if true, proves a fact without inference.” ( n.11 (Minn. 2004)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Direct evidence” is “based on personal knowledge or observation and that, if true, proves a fact without inference or presumption.” n.11 (Minn. 2004) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Bernhardt v. State , -77 (Minn. 2004).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In showing that a plain error affected their substantial rights, the appellant “bears a heavy burden of persuasion to show that the error was prejudicial and affected the outcome of the case.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In showing that a plain error affected their substantial rights, the 17 appellant “bears a heavy burden of persuasion to show that the error was prejudicial and affected the outcome of the case.” (quotation omitted).
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A22-0586
Minn. Ct. App. 2023
The verdict will not be disturbed if the fact-finder, “acting with due regard for the presumption of innocence and for the necessity of overcoming it by proof beyond a 6 reasonable doubt, could reasonably conclude that [the] defendant was proven guilty of the offense charged.” -77 (Minn. 2004) (quotations omitted).
- , A22-0103 Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
leads so directly to the guilt of the defendant as to exclude beyond a reasonable doubt any reasonable inference other than guilt.” d 190, 206 (Minn. 2002); (stating that circumstantial evidence “must point unerringly” to guilt (quotation omitted)).