Cited by
Opinions in Minnesota that cite State v. Myers, 359 N.W.2d 604.
- State of Minnesota v. Blake Adam Schneider Minn. Ct. App. 2016
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State of Minnesota v. Blake Adam Schneider
Minn. Ct. App. 2016
.”); (holding that expert testimony into “puzzling aspects of the child’s conduct and demeanor which the jury could not otherwise bring to its evaluation” of a child-victim of criminal sexual conduct was helpful to the jury).
- State of Minnesota v. Kelly Bruce Goggleye Minn. Ct. App. 2016
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State of Minnesota v. Kelly Bruce Goggleye
Minn. Ct. App. 2016
“Corroboration of an allegation of sexual abuse of a child is required only if the evidence otherwise adduced is insufficient to sustain [a] conviction.”
- State of Minnesota v. Nazari Vasilich Cam Minn. Ct. App. 2015
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State of Minnesota v. Nazari Vasilich Cam
Minn. Ct. App. 2015
However, “[c]ross-examination is recognized as the principal means by which a defendant may test the credibility of his accuser’s testimony.”
- State of Minnesota v. Nathan Charles Robert Schwartz Minn. Ct. App. 2015
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State of Minnesota v. Nathan Charles Robert Schwartz
Minn. Ct. App. 2015
is admissible in the proper exercise of discretion by the [district] court”); (stating that, in cases involving a sexually abused child, the fact-finder is “often faced with determining the veracity of a young child who tells of a course of conduct carried on over an ill-defined time frame and who appears an uncertain or ambivalent accuser and who may even recant,” and thu
- State of Minnesota v. Justin Wayne Hannine Minn. Ct. App. 2015
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State of Minnesota v. Justin Wayne Hannine
Minn. Ct. App. 2015
.” (holding that an expert’s background information on abused children was “helpful and appropriate in cases of sexual abuse of children, and particularly of children as young as this complainant,” who was seven at the time of the abuse).
- State of Minnesota v. Damon Lamont Banks Minn. Ct. App. 2015
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State of Minnesota v. Damon Lamont Banks
Minn. Ct. App. 2015
(finding that victim’s testimony was unnecessarily but effectively corroborated by her general, consistent reports to others).
- State of Minnesota v. Shelby Ivan Charles Minn. Ct. App. 2014
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State of Minnesota v. Shelby Ivan Charles
Minn. Ct. App. 2014
But a complainant’s testimony in a criminal sexual conduct case generally does not require corroboration, and corroboration of a child’s allegations is required “only if the evidence otherwise adduced is insufficient to sustain conviction.”
- Julie L. Pfeiffer, Trustee on behalf of the heirs and next of kin of Dale R. Pfeiffer v. … 851 N.W.2d 626 Minn. Ct. App. 2014
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Julie L. Pfeiffer, Trustee on behalf of the heirs and next of kin of Dale R. Pfeiffer v. …
851 N.W.2d 626
Minn. Ct. App. 2014
d 604, 611 (Minn. 1984).
- Dereje v. State 837 N.W.2d 714 Minn. 2013
- In re S.G. 828 N.W.2d 118 Minn. 2013
- Doe v. Archdiocese of Saint Paul & Minneapolis 817 N.W.2d 150 Minn. 2012
- State v. Obeta 796 N.W.2d 282 Minn. 2011
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State v. Obeta
796 N.W.2d 282
Minn. 2011
(“[I]n cases where a sexual assault victim is an adolescent, [general] expert testimony as to the reporting conduct of such victims and as to continued contact by the adolescent with the assailant is admissible in the proper exercise of discretion by the trial court....”); (holding that expert testimony into “puzzling aspects of the child’s conduct and demeanor which the jury could not otherwise bring to its evaluation” of a child-victim of criminal sexual conduct was helpful to the jury).
- Hayes v. Commissioner of Public Safety 773 N.W.2d 134 Minn. Ct. App. 2009
- Hayes v. Commissioner of Public Safety 773 N.W.2d 134 Minn. Ct. App. 2009
- State v. Hakala 763 N.W.2d 346 Minn. Ct. App. 2009
- State v. Hakala 763 N.W.2d 346 Minn. Ct. App. 2009
- State v. Morales-Mulato 744 N.W.2d 679 Minn. Ct. App. 2008
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State v. Morales-Mulato
744 N.W.2d 679
Minn. Ct. App. 2008
a. Vouching testimony is inadmissible except in unusual cases “With respect to most crimes the credibility of a witness is peculiarly within the competence of the jury, whose common experience affords sufficient basis for the assessment of credibility.” -10 (Minn.1984).
- State v. Wren 738 N.W.2d 378 Minn. 2007
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State v. Wren
738 N.W.2d 378
Minn. 2007
(noting that in general “were they lying” questions are improper); (concluding that prosecutor’s elicitation of testimony from witnesses that they believed the victim’s version of events was improper); -10 (Minn.1984) (“With respect to most crimes the credibility of a witness is peculiarly within the competence of the jury, whose common experience affords sufficient basis for the assessment of credibility.”).
- State v. Wembley 712 N.W.2d 783 Minn. Ct. App. 2006
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State v. Wembley
712 N.W.2d 783
Minn. Ct. App. 2006
The Minnesota Supreme Court has recognized that, in most criminal cases, the credibility of witnesses “is peculiarly within the competence of the jury, whose common experience affords sufficient basis for assessment of credibility.” -10 (Minn.1984).
- State v. MacLennan 702 N.W.2d 219 Minn. 2005
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State v. MacLennan
702 N.W.2d 219
Minn. 2005
personality assessment), (holding that expert testimony on battered woman syndrome is admissible); (holding that the trial court did not abuse its discretion in admitting expert testimony concerning the behavioral characteristics typically displayed by adolescent victims of sexual assault); (holding that expert testimony about the emotional and psychological characteristics often observed in children who are victims of sexual abuse was admissible); (holding that expert testimony on rape trauma s
- State v. Moore 699 N.W.2d 733 Minn. 2005
- State v. Moore 699 N.W.2d 733 Minn. 2005
- State v. Burrell 697 N.W.2d 579 Minn. 2005
- State v. Burrell 697 N.W.2d 579 Minn. 2005
- Auringer v. State 695 N.W.2d 640 Minn. Ct. App. 2005
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Auringer v. State
695 N.W.2d 640
Minn. Ct. App. 2005
More specifically, we generally “reject expert opinion testimony regarding the truth or falsity of a witness’ allegations about a crime, for the expert’s status may lend an unwarranted stamp of scientific legitimacy to the allegations.” (quotation omitted).
- State v. Reese 692 N.W.2d 736 Minn. 2005
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State v. Reese
692 N.W.2d 736
Minn. 2005
we held that an expert could offer an opinion *742 that a specific minor complainant’s allegations about sexual abuse were not fabricated, in addition to testifying about the behavior and symptoms typically exhibited by sexually abused children.
- State v. Lopez-Rios 669 N.W.2d 603 Minn. 2003
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State v. Lopez-Rios
669 N.W.2d 603
Minn. 2003
-10 (Minn.1984) (stating that even though an expert’s testimony may arguably provide the jury with potentially useful information, “[i]n most cases * * ¾ the possibility that the jury may be unduly influenced by an expert’s opinion mitigates against admission.”).
- Knuth Ex Rel. Knuth v. Emergency Care Consultants, P.A. 644 N.W.2d 106 Minn. Ct. App. 2002
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Knuth Ex Rel. Knuth v. Emergency Care Consultants, P.A.
644 N.W.2d 106
Minn. Ct. App. 2002
611 (Minn.1984) (stating that reliability of clinical psychologist’s testimony with regard to the cause of alleged sexual abuse victim’s condition, in a criminal trial, went to weight of evidence not admissibility).
- State v. Vick 632 N.W.2d 676 Minn. 2001
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State v. Vick
632 N.W.2d 676
Minn. 2001
More specifically, “[a]s a general rule * * * we would reject expert opinion testimony regarding the truth or falsity of a witness’ allegations about a crime, for the expert’s status may lend an unwarranted ‘stamp of scientific legitimacy’ to the allegations.”
- State v. Carillo 623 N.W.2d 922 Minn. Ct. App. 2001
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State v. Carillo
623 N.W.2d 922
Minn. Ct. App. 2001
A reviewing court will not reverse the trial court’s decision absent an “apparent error.”
- State v. Bradford 618 N.W.2d 782 Minn. 2000