Cited by
Opinions in Minnesota that cite State v. Porter, 526 N.W.2d 359.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota v. Chad Alan Blood Milhausen, Jr.
Minn. Ct. App. 2026
“In closing arguments, counsel has the right to present to the jury all legitimate arguments on the evidence, to analyze and explain the evidence, and to present all proper inferences to be drawn therefrom.” (“While the state’s argument need not be colorless, it must be based on the evidence 2 Milhausen did not renew his objection at the time the state offered the unredacted warrant of commitment.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Love’s got everything to do with it.” Love contends that the prosecutor’s in which the prosecutor referred to an imaginary “James Porter School of Sex Education.” Id.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
A prosecutor’s closing argument “need not be colorless, [but ] it must be based on the evidence produced at trial, or the reasonable inferences from that evidence.” (quotation omitted).
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Distinguished
State of Minnesota, Respondent,
Minn. Ct. App. 2026
See, e.g. , -64 (Minn. 1995) (holding prosecutorial error occurred when the prosecutor told the jury members they were “big .
- State of Minnesota v. Morris Robert Chie Ryan Minn. Ct. App. 2026
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State of Minnesota v. Morris Robert Chie Ryan
Minn. Ct. App. 2026
(stating that prosecutor’s closing argument must be “based on the evidence produced at trial, or the reasonable inferences from that evidence”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“In closing arguments, counsel has the right to present to the jury all legitimate arguments on the evidence, to analyze and explain the evidence, and to present all proper inferences to be drawn therefrom.” (“While the state’s argument need not be colorless, it must be based on the evidence produced at trial, or the reasonable inferences from that evidence.” (quotation omitted)).
- State of Minnesota v. Edward James Lafore, Jr. Minn. Ct. App. 2025
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State of Minnesota v. Edward James Lafore, Jr.
Minn. Ct. App. 2025
The state’s argument “must be based on the evidence produced at trial, or the reasonable inferences from that evidence,” but it “need not be colorless.” (quotation omitted).
- Edward Lee Jones v. State of Minnesota Minn. Ct. App. 2025
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Edward Lee Jones v. State of Minnesota
Minn. Ct. App. 2025
A prosecutor’s closing argument must be “based on the evidence produced at trial, or the reasonable inferences from that evidence.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
And because the prosecutor’s arguments to the jury were “based on the evidence produced at trial,” we conclude the state did not err when it described the victim’s wounds during opening and closing arguments.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
And “once the jury’s prejudices or passions have been invoked, a cautionary instruction may not be sufficient to undo the damage, particularly, where as here, the [district] court’s curative 30 instruction, while strong, addressed some but not all of the misconduct.” (emphasis added) (citation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Caselaw is clear that a prosecutor’s closing argument cannot “play on the jurors’ emotions and fears,” and may not imply “that the jury could serve public safety by delivering a verdict demonstrating public intolerance of a crime,” rev. denied (Minn. Oct.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Prosecutors have a duty to “avoid inflaming the jury’s passions and prejudices against the defendant.”
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
(observing that while the state’s closing argument need not 20 be “colorless,” it must be based on the evidence produced at trial or reasonable inferences from that evidence).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Williams invokes the well-established rule that, “[i]n closing argument, a prosecutor must ‘avoid inflaming the jury’s passions and prejudices against the defendant.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
And a prosecutor’s closing argument need not be “colorless.” State v. Porter , –64 (Minn. 1995).
- State of Minnesota v. Deandre Dontae Turner Minn. Ct. App. 2024
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State of Minnesota v. Deandre Dontae Turner
Minn. Ct. App. 2024
In his closing, the prosecutor argued that, “[w]e certainly didn’t hear any credible character evidence that he’s not violent or that he’s not in a gang.” A closing argument “must be based on the evidence produced at trial, or the reasonable inferences from that evidence.”
- State of Minnesota v. Reymundo Gonzalez Minn. Ct. App. 2024
- State of Minnesota v. Reymundo Gonzalez Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
But the argument “must be based on the evidence produced at trial, or the reasonable inferences from that evidence.” Patzold, d at 808 (d 359, 363 (Minn. 1995)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
B. Inflaming the Jury “The prosecutor must avoid inflaming the jury’s passions and prejudices against the defendant.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
During closing arguments, the prosecution “must avoid inflaming the jury’s passions and prejudices against the defendant.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Even where misconduct occurs, we will reverse only when “the defendant was denied a fair trial.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
A prosecutor “must avoid inflaming the jury’s passions and prejudices against the defendant.” accord State v. Mayhorn, 10 - 87 (Minn. 2006).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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Eligio Rodriguez Cerrito, petitioner, Appellant,
Minn. Ct. App. 2022
“[A] prosecutor may not seek a conviction at any price” and “must avoid inflaming the jury’s passions and prejudices against the defendant.” -63 (Minn. 1995).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
In State v. Porter, for example, the supreme court found that “[t]o the extent that the closing argument suggested to the jurors that they would be suckers if they acquitted [the defendant],” the prosecutor engaged in serious misconduct that “struck at the heart of the jury syst em.” (M inn.
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State of Minnesota, Respondent, vs. Martell Antonio Bloxson, Appellant.
Minn. Ct. App. 2021
State v. Yang, 627N.W.2d 666, 679 (Minn. App. 2001) (), review denied (Minn. July 24, 2001).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“While the state’s argument need not be colorless, it must be based on the evidence produced at trial, or the reasonable inferences from that evidence.” State v. Porter , d 359, 363 (Minn. 1995) (quotatio n omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
-65 (Minn. 1995) (determining a prosecuting attorney committed misconduct when arguing that the testimony of a witness 12 was “without impeachment”).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Fisherman claims that the prosecutor “explicitly told the jury that the case was not about [his] guilt or inno cence,” and instead, it was about “law and order in the prisons to protect prison guards.” A “prosecutor must avoid inflaming the jury’s passions and prejudices against the defendant.” State v. Porter
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
But a prosecutor’s closing arguments “must be based on the evidence prod uced at trial, or the reasonable inferences from that evidence.” State v. Porter
- Neal Curtis Zumberge, Minn. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Id.; (stating that prosecutorial misconduct occurs when a prosecutor’s impermissible arguments permeate an entire closing argument and are intended to play on the fears and emotions of a jury).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019