Cited by
Opinions in Minnesota that cite State v. Lopez-Rios, 669 N.W.2d 603.
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State of Minnesota, Respondent
Minn. Ct. App. 2025
However, “a prosecutor’s comment on the lack of evidence supporting a defense theory does not improperly shift the burden,” and a prosecutor “may argue that particular witnesses were or were not credible,”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
This amounted to “ultimate issue testimony” that “merely [told] the jury what result to reach.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
403; -13 (Minn. 2003) (concluding that expert testimony was more prejudicial than probative because it was duplicative of other testimony, based on hearsay, and expressed an opinion on an ultimate issue).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Vouching “occurs when the government implies a guarantee of a w itness’s truthfulness, refers to facts outside the record, or expresses a personal opi nion as to a witness’s credibility.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State v. Walker 913 N.W.2d 463 Minn. Ct. App. 2018
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State v. Walker
913 N.W.2d 463
Minn. Ct. App. 2018
State v. Lopez-Rios , , 615 (Minn. 2003) ; see also Minn. Stat. § 609.04 , subd.
- State v. Taylor 910 N.W.2d 60 Minn. Ct. App. 2018
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State v. Taylor
910 N.W.2d 60
Minn. Ct. App. 2018
see also State v. Lopez-Rios , , 612 (Minn. 2003) (holding gang-expert's testimony was erroneously admitted because the expert opined that the defendant was a member of the gang and because it was largely duplicative of previous witness testimony).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
But “the state may argue that particular witnesses were or were not credible.”
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Paul Omol Arkangelo Uchodu, petitioner, Appellant,
Minn. Ct. App. 2017
occurs when the govern ment implies a guarantee of a witness’s truthfulness, refers to facts outside the reco rd, or expresses a personal opinion as to a witness’s credibility.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
occurs when the government implies a guarantee of a witness’s truthfulness, refers to facts outside the record, or expresses a personal opinion as to a witness’s credibility.” State v. Lopez-Rios , (quotation omitted).
- State of Minnesota v. Prince Antonio Dequante Jones Minn. Ct. App. 2016
- State of Minnesota v. Prince Antonio Dequante Jones Minn. Ct. App. 2016
- State of Minnesota v. Jonathon Michael Honeycutt Minn. Ct. App. 2016
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State of Minnesota v. Jonathon Michael Honeycutt
Minn. Ct. App. 2016
Appellant argues that “the prosecutor in closing argument repeatedly vouched for the credibility of his witnesses.” Impermissible vouching occurs “when the government implies a guarantee of a witness’s truthfulness, refers to facts outside the record, or expresses a personal opinion as to a witness’s credibility.” (quotations omitted).
- State of Minnesota v. Deontray Vershon Tate Minn. Ct. App. 2016
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State of Minnesota v. Deontray Vershon Tate
Minn. Ct. App. 2016
is a pretty darn good witness, and he was pretty candid with you and pretty straightforward.” Improper vouching “occurs when the [state] implies a guarantee of a witness’s truthfulness, refers to facts outside the record, or expresses a personal opinion as to a witness’s credibility.” (quotation omitted).
- State of Minnesota v. Cedric Chappell, Jr. Minn. Ct. App. 2016
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State of Minnesota v. Cedric Chappell, Jr.
Minn. Ct. App. 2016
Impermissible vouching occurs when the state “implies a guarantee of a witness’s truthfulness, refers to facts outside the record, or expresses a personal opinion as to a witness’s credibility.” (quotation omitted).
- State of Minnesota v. Reynaldo Benitez Minn. Ct. App. 2015
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State of Minnesota v. Reynaldo Benitez
Minn. Ct. App. 2015
The supreme court has held that “failure to swear a witness in an ordinary civil trial, or even in a criminal trial, may be waived by failure to object.” (quotation omitted) (concluding that defendant waived argument that district court erred by allowing witness to testify without being sworn by failing to object at trial).2 “Plain error affecting a substantial right can be considered .
- In the Matter of the Welfare of: P. J. K., Child. Minn. Ct. App. 2015
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In the Matter of the Welfare of: P. J. K., Child.
Minn. Ct. App. 2015
Impermissible vouching occurs “when the government implies a guarantee of a witness’s truthfulness, refers to facts outside the record, or expresses a personal opinion as to a witness’s credibility.” (quotation omitted).
- State of Minnesota v. Kemen Lavatos Taylor, II 869 N.W.2d 1 Minn. 2015
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State of Minnesota v. Kemen Lavatos Taylor, II
869 N.W.2d 1
Minn. 2015
there was no reasonable possibility that gang-expert testimony substantially influenced the guilty verdict because the testimony was “for the most part, duplica-tive of testimony given by witnesses with first-hand knowledge of the relevant events and which established that [the defendant] was a member of, and involved with, a group that operated as a criminal gang”)
- State of Minnesota v. Ashimiyu Gbolahan Alowonle Minn. Ct. App. 2015
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State of Minnesota v. Ashimiyu Gbolahan Alowonle
Minn. Ct. App. 2015
“In a crime committed for the benefit of a gang, the underlying crime is an included crime.”
- State of Minnesota v. Daron A-Saad Johnson Minn. Ct. App. 2015
- State of Minnesota v. Daron A-Saad Johnson Minn. Ct. App. 2015
- State of Minnesota v. Kabba Kangbateh 868 N.W.2d 10 Minn. 2015
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State of Minnesota v. Kabba Kangbateh
868 N.W.2d 10
Minn. 2015
3, 2012); (noting that the crime underlying an offense of a crime committed for the benefit of a gang is a lesser-included offense).
- State of Minnesota v. Bradley James Richards Minn. Ct. App. 2015
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State of Minnesota v. Bradley James Richards
Minn. Ct. App. 2015
Impermissible vouching occurs “when the government implies a guarantee of a witness’s truthfulness, refers to facts outside the record, or expresses a personal opinion as to a witness’s credibility.” (quotations omitted).
- State of Minnesota v. Duane Edwin Koski Minn. Ct. App. 2015
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State of Minnesota v. Duane Edwin Koski
Minn. Ct. App. 2015
704, but an expert should not testify about a mixed question of law and fact if the testimony “would merely tell the jury what result to reach,”
- State of Minnesota v. Amir Abd El Malak Minn. Ct. App. 2015
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State of Minnesota v. Amir Abd El Malak
Minn. Ct. App. 2015
Prosecutorial Vouching Impermissible vouching occurs “when the government implies a guarantee of a witness’s truthfulness, refers to facts outside the record, or expresses a personal opinion 14 as to a witness’s credibility.” (quotations omitted).
- State of Minnesota v. Jimmy Lee Morris Minn. Ct. App. 2014
- State of Minnesota v. Jimmy Lee Morris Minn. Ct. App. 2014
- State of Minnesota v. Katherine Trinka Olson Minn. Ct. App. 2014
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State of Minnesota v. Katherine Trinka Olson
Minn. Ct. App. 2014
(stating that a prosecutor may argue in closing argument that certain witnesses were or were not credible).
- State v. Caldwell 815 N.W.2d 512 Minn. Ct. App. 2012
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State v. Caldwell
815 N.W.2d 512
Minn. Ct. App. 2012
And “[i]n a crime committed for the benefit of a gang, the underlying crime is an included crime.” (citation omitted).
- State v. SONTOYA 788 N.W.2d 868 Minn. 2010
- State v. McDaniel 777 N.W.2d 739 Minn. 2010
- State v. McDaniel 777 N.W.2d 739 Minn. 2010
- State v. Cruz-Ramirez 771 N.W.2d 497 Minn. 2009
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State v. Cruz-Ramirez
771 N.W.2d 497
Minn. 2009
702, expert testimony will be allowed if “the testimony will assist the jury in resolving factual questions presented.”