Cited by
Opinions in Minnesota that cite In re the Welfare of the Children of S.E.P., 745 N.W.2d 830.
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State of Minnesota v. Adam Hassan Yusuf
Minn. Ct. App. 2026
“An error is plain if it ‘contravenes case law, a rule, or a standard of conduct.’” ().
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Appellant,
Minn. Ct. App. 2026
“A motion for judgment of acquittal is properly denied where the evidence, viewed in the light most favorable to the State, is sufficient to sustain a conviction.” d 830, 841 (Minn. 2008).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“An error is plain if it ‘contravenes case law, a rule, or a standard of conduct.’” ().
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State of Minnesota v. Jim Duramax Whitcomb
Minn. Ct. App. 2026
Actual possession involves “direct physical control.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Such an argument is justified because a prosecutor “ has the right to fairly meet the arguments of the defendant.” Jackson, d at 123; (reasoning that prosecutor may argue that a defense lacks merit).
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Sheila Maurise Burski, petitioner, Appellant,
Minn. Ct. App. 2024
“An error is plain if it ‘contravenes case law, a rule, or a standard of conduct.’” ().
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Mohamed Shaaban Sultan, Relator v. City of St. Paul
Minn. Ct. App. 2024
Meanwhile, “[c]onstructive possession is usually said to mean the legal right to possession which follows from title.” (quotation omitted).
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Keegan James Rich Brouillette v. State of Minnesota
Minn. Ct. App. 2024
“An error is plain if it ‘contravenes case law, a rule, or a standard of conduct.’” ().
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
6 (applying Simion subject-matter- jurisdiction test to narrower context of venue) (citing State v. Simion , -39 (Minn. 2008)), review denied (Minn. Aug.
- Robert Webb, Jr., petitioner, Appellant, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
State v. Simion , -39 (Minn. 2008).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
of the property to another.”
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State v. Waiters
929 N.W.2d 895
Minn. 2019
See State v. Simion , , 844 (Minn. 2008) ("The prosecutor's comment here was designed to draw the jury's attention to [the defendant's] attempt to distract from the criminal issues at trial.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A district court should deny a post -trial motion for judgment of acquittal if “the evidence, viewed in the light most favorable to the State, is sufficient to sustain a conviction.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A postverdict motion for judgment of acquittal “is properly denied where the evidence, viewed in the light most favorable to the State, is suff icient to sustain a conviction.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
7 (holding that there was no misconduct when a prosecutor argued that defendant offered evidence to smear a witness’s character in the jury’s eyes); (holding that there was no error when a prosecutor argued that the defendant took “every opportunity to dirty up [victims] by accusing and insinuating that they were violating some rule or regulation.”) Similarly, here, there was no prosecutorial misconduct.
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See State v. Mahkuk , (concluding that whether the stat e’s witness’s “violation of the trial court’s order” prohibiting the witness from testifying about a gang’s possession of firearms “was interchangeably); State v. Simion , (same); (Mi nn.
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State of Minnesota v. Christopher Ray Maeyaert
Minn. Ct. App. 2016
See id.; Leutschaft, d at 422–23
- State of Minnesota v. Kevin Herman Larson Minn. Ct. App. 2016
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State of Minnesota v. Senen Guerrero
Minn. Ct. App. 2016
(“A motion for judgment of acquittal is properly denied where the evidence, viewed in the light most favorable to the State, is sufficient to sustain a conviction.” ()).
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State of Minnesota v. Virginia Marie Carlson
Minn. Ct. App. 2016
defense tactics,” such as suggestion that “[defendant’s] arguments amounted to throwing things at the wall to ‘see what sticks’”); (concluding that defendant did not meet burden to show that prosecutor’s closing argument was error where “prosecutor’s comment .
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State of Minnesota v. Quentin Lee Davis
Minn. Ct. App. 2016
Actual possession involves “direct physical control.” (citing Jacobson v. Aetna Cas.
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State of Minnesota v. Ashimiyu Gbolahan Alowonle
Minn. Ct. App. 2015
Constructive possession can “exist[] where an owner intentionally gives actual possession—direct physical control—of the property to another in order for that person to do some act for the owner to or with the property.”
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In the Matter of Minnesota Department of Natural Resources Special Permit No. 16868 (December 21, 2012) issued to …
867 N.W.2d 522
Minn. Ct. App. 2015
See State v. Florine, 303 Minn. 103, 104, (defining “actual possession” as “direct physical control”); Baehr, 258 Minn. at 537, d at 664 (defining “actual possession” in the context of land disputes as “‘actual occupan[c]y,’ which means physical presence upon and control of premises”).
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State of Minnesota v. Trevon Fuller
Minn. Ct. App. 2015
“A motion for judgment of acquittal is properly denied where the evidence, viewed in the light most favorable to the [s]tate, is sufficient to sustain a conviction.”
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State of Minnesota v. Amir Abd El Malak
Minn. Ct. App. 2015
12 “Were They Lying” Questions “Generally, questions designed to elicit testimony from one witness about the credibility of another have no probative value and are considered improper and argumentative.”
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State of Minnesota v. Roger Benedict Schmid
859 N.W.2d 816
Minn. 2015
After we define “take,” we must examine whether “the evidence, viewed in the light most favorable to the State, is sufficient to sustain a conviction.”
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State of Minnesota v. Eulogio Hernandez-Espinoza
Minn. Ct. App. 2014
The term “jurisdiction” refers to the power of the district court “to hear and decide disputes.” (quotation omitted).
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State v. Enoch
781 N.W.2d 170
Minn. Ct. App. 2010
“A motion for judgment of acquittal is properly denied where the evidence, viewed in the light most favorable to the State, is sufficient to sustain a conviction.”
- State v. Knoch 781 N.W.2d 170 Minn. Ct. App. 2010
- State v. Matthews 779 N.W.2d 543 Minn. 2010
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State v. Jackson
773 N.W.2d 111
Minn. 2009
(noting that a prosecutor has the right to argue that a particular defense lacks merit); (holding that the State is permitted to introduce evidence that defendant refused to speak to police after defense counsel attempted to create the impression tha
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State v. Martin
773 N.W.2d 89
Minn. 2009
(noting that a prosecutor has the right to argue that a particular defense lacks merit); (holding that the State is permitted to introduce evidence that defendant refused to speak to police after defense counsel attempted to create the impression tha
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State v. Spence
768 N.W.2d 104
Minn. 2009
We also reject Spence’s reliance on State v. Simion, which interprets possession within the context of theft of movable property to include both constructive and actual possession: “Constructive possession 'is usually said to mean the legal right to possession which follows from title without actual possession.’ ” , 841-42 (Minn.2008) (quoting Baehr v. Penn-O-Tex Oil Corp., 258 Minn. 533, 537 , ).
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State v. Daniels
765 N.W.2d 645
Minn. Ct. App. 2009
the supreme court addressed the application of the constitutional venue requirement in the context of interstate subject-matter jurisdiction.
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State v. Losh
755 N.W.2d 736
Minn. 2008
1235 , 163 L.Ed.2d 1097 (2006); -37 (Minn.2008).
- Arredondo v. State 754 N.W.2d 566 Minn. 2008
- In the Matter of Sep and Jwp 745 N.W.2d 830 Minn. 2007