| A15-1454 |
Minn. Ct. App. |
2016-07-18 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota v. Travis Richard Otto
|
|
… per Morrell’s squad car. Neither Trooper Morrell nor Officer Finch gave Otto a Miranda warning. While Otto sat in the squad car, Trooper Morrell and Officer Finch searched Otto’s car. At one point, Otto asked Trooper Morrell to ca …
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| A15-1736 |
Minn. Ct. App. |
2016-07-11 |
Affirmed
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State of Minnesota v. Terry Lee Allford
|
|
… he police did not give him 2 a Miranda warning, and that the state had not taken exculpatory evidence into consideration. The state countered that those were not valid reasons for plea withd …
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| A15-1119 |
Minn. Ct. App. |
2016-07-11 |
Affirmed
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State of Minnesota v. Malcolm Todey Cooper
|
|
… (1) a statement that he made to a police officer before he was advised of his Miranda rights; and (2) testimony that, two weeks before the drive-by-shooting incident, police stopped appellant and another person in the same car that the …
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| A15-1298 |
Minn. |
2016-06-22 |
Denied
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Darek Jon Nelson v. State of Minnesota
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|
… fter receiving medical treatment, Nelson was taken to the county jail, given a Miranda warning, and interviewed. 2 During the interview, Nelson explained that he and Lozano both worked …
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| A15-1223 |
Minn. Ct. App. |
2016-06-13 |
Affirmed
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Daniel Leith Renville v. State of Minnesota
|
|
… le argues that the admission of the officer’s testimony was a violation of his Miranda rights. The postconviction court denied relief on this claim on the ground that it is procedurally barred because Renville did not assert the argument …
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| A15-1768 |
Minn. Ct. App. |
2016-05-23 |
Affirmed
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Jovon Perez Davis v. State of Minnesota
|
|
… s that appeared to be controlled substances. After being advised of his Miranda rights, appellant was interviewed and admitted that the marijuana and pills found in the vehicle belonged to him. He told the officers that he had pur …
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| A14-1464 |
Minn. |
2016-05-18 |
Denied
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State of Minnesota v. Heather Leann Horst
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|
… stitution requires police officers to provide a suspect with the warnings from Miranda v. Arizona, 384 U.S. 436, 479 (1966), before conducting a custodial interrogation. See Dickerson v. United States, 530 U.S. 428, 434-35 (2000). In the …
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| A15-267 |
Minn. |
2016-05-18 |
Affirmed
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State of Minnesota v. Maureen Ndidiamaka Onyelobi
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… ught to the police station for further questioning. Following the reading of a Miranda warning, Onyelobi admitted to her relationship with Wilson but denied knowing Fairbanks or his 8 sister, …
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| A15-991 |
Minn. Ct. App. |
2016-05-09 |
Affirmed
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State of Minnesota v. David Charles Adams
|
|
… epartment, and state bureau of criminal apprehension for purposes of waiver of Miranda rights). In this particular context, we interpret the phrase “the State,” as used in Clarkin, to refer to the governmental entity that is responsible …
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| A15-1325 |
Minn. Ct. App. |
2016-04-18 |
Affirmed
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Excel Manufacturing, Inc. v. Todd Wondrow
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… summary judgment. Respondents submitted affidavits from Wondrow, Krueger, and Miranda Muller, a former Excel human resources employee. In his affidavit, Wondrow stated that he and Fisher were personal friends and that “[n]either Bryan Fi …
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| A15-963 |
Minn. Ct. App. |
2016-04-18 |
Affirmed
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State of Minnesota v. Mark Anthony Sanders
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|
… ice was not voluntary because the officer failed to properly advise him of his Miranda rights. Third, appellant argues that the identity of the CRI should have been 3 disclosed. Fourth, ap …
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| A15-303 |
Minn. Ct. App. |
2016-04-04 |
Affirmed
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State of Minnesota v. Peter Louis John
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|
… rroneously (1) admitted statements that he made to police before he received a Miranda warning, (2) excluded evidence of four reverse-Spreigl incidents involving an alternative perpetrator, and (3) excluded evidence pertaining to a polic …
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| A15-642 |
Minn. Ct. App. |
2016-04-04 |
Affirmed
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State of Minnesota v. Robert James Fallin
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|
… one was improperly seized, that statements were taken and used in violation of Miranda, that his car was improperly searched, and that the state failed to disclose exculpatory evidence. All of these arguments should have been presented t …
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| A15-1481 |
Minn. Ct. App. |
2016-03-21 |
Reversed and remanded
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State of Minnesota v. Leona Rose deLottinville
|
|
… ug paraphernalia. Respondent and D.R. gave statements that same day, following Miranda warnings. The state charged respondent with three counts related to possession of drugs and paraphernalia: fifth-degree possession of a control …
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| A15-344 |
Minn. Ct. App. |
2016-03-21 |
Affirmed
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State of Minnesota v. Kurt Nathan Rud
|
|
… d all tests that the doctor requested; (3) the officer then read appellant his Miranda warning, which appellant stated he understood; (4) appellant requested an attorney when asked; (5) appellant was given a phone and contacted an attorn …
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| A15-391 |
Minn. Ct. App. |
2016-03-07 |
Affirmed
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State of Minnesota v. Michael Marshall Johnson, a/k/a Michael Tate
|
|
… up investigation, interviewing appellant at the hospital after reading him his Miranda rights. The interview was recorded and later played in its entirety for the jury. Appellant told Sergeant McCarty that, while he was on his way to his …
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| A15-604 |
Minn. Ct. App. |
2016-03-07 |
Affirmed
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State of Minnesota v. David Paul Patterson
|
|
… officers then presented appellant with the search warrant and obtained a post-Miranda statement from him at approximately 10:30 a.m. Pursuant to the search warrant, the task force seized approximately seven pounds of marijuana. In appel …
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| A15-826 |
Minn. Ct. App. |
2016-02-29 |
Affirmed
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State of Minnesota v. Zaki Mohamed Sugule
|
|
… orse in any way related back to make his offense less serious. During his post-Miranda interview with police, Sugule denied that he threatened anyone. And, he showed a lack of remorse and an unwillingness to accept responsibility when he …
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| A15-608 |
Minn. Ct. App. |
2016-02-22 |
Affirmed
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State of Minnesota v. Antonio Lamonthe White
|
|
… ounsel- advised silence is protected to the same extent as silence following a Miranda warning). 4 In Dunkel, the investigating deputy testified that she spoke briefly to the defendant and …
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| A15-348 |
Minn. Ct. App. |
2016-02-08 |
Affirmed
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State of Minnesota v. Jodi Lynette Lacy
|
|
… use she was subjected to a custodial interrogation without first being given a Miranda warning. “Statements made by a suspect during a ‘custodial interrogation’ are admissible only if the statement was preceded by a Miranda warning.” Stat …
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| A15-321 |
Minn. Ct. App. |
2016-02-01 |
Affirmed
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State of Minnesota v. Luis Fernando Escobar-Chilel
|
|
… 2 interpreter understood each other. The officer read the Miranda advisory to Escobar- Chilel. Escobar-Chilel indicated that he understood his rights and wanted to talk to the officer. Escobar-Chilel admitted …
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| A15-152 |
Minn. Ct. App. |
2016-02-01 |
Affirmed
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State of Minnesota v. Faron Wayne Ruel
|
|
… the crime. Ruel argues that use of the recorded phone call violated his Miranda rights and his right to counsel. But he failed to raise this issue in a timely motion to suppress evidence. State v. Pederson–Maxwell, 619 N.W.2d 777, …
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| A15-1162 |
Minn. Ct. App. |
2015-12-28 |
Affirmed
|
State of Minnesota v. Deon Sinkfield, Jr.
|
|
… of a pretrial order suppressing respondent’s confession on the ground that the Miranda warning given omitted any notice that an attorney could be appointed for Sinkfield at no cost to him if he could not afford one and if he so desired. …
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| A15-469 |
Minn. Ct. App. |
2015-12-21 |
Affirmed
|
Desiree Nicole Shinholser v. State of Minnesota
|
|
… lack eye and bruising on Lemen’s face. Officers advised Lemen of his Miranda rights, and he stated that he understood his rights and agreed to speak with investigators. Lemen then described his altercation with …
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| A14-2107 |
Minn. Ct. App. |
2015-12-07 |
Affirmed
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State of Minnesota v. William Joseph Rurup
|
|
… Officer McLain executed the search warrant. Officer McLain read Rurup his Miranda rights and asked him if he would give a statement. Rurup agreed and admitted that there was methamphetamine locked in a safe upstairs. Officer McLain o …
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| A14-1951 |
Minn. Ct. App. |
2015-11-23 |
Affirmed
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State of Minnesota v. Jason DeWayne Kirk
|
|
… erview concerned “some inappropriate touching that occurred.” Kirk was given a Miranda warning by Luberts, and he indicated that he understood his rights and was willing to speak with the investigators. Guith also informed Kir …
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| A14-2085 |
Minn. Ct. App. |
2015-11-23 |
Affirmed
|
State of Minnesota v. Vilaysack Sirimanothay
|
|
… custodial statement that he gave before police advised him of his rights under Miranda, (3) allowing inadmissible hearsay testimony, and (4) misstating the law in instructing the jury concerning the definition of possession. We affirm. …
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| A14-1866 |
Minn. Ct. App. |
2015-11-23 |
Reversed and remanded
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State of Minnesota v. Iri Armando Ruiz-Deleon
|
|
… [T]he admission of a defendant’s statements to police at trial in violation of Miranda does not require a new trial if the state can show beyond a reasonable doubt that the error was harmless.” State v. Farrah, 735 N.W.2d 336, 343 (Minn. …
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| A14-1952 |
Minn. Ct. App. |
2015-11-16 |
Affirmed
|
State of Minnesota v. Nathan John Reynolds
|
|
… , and then escorted him to the police station for questioning. After receiving Miranda warnings, Reynolds agreed to speak with Investigator Eberlien and admitted to twice having oral sexual contact with O.L.’s vagina. The state …
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| A15-750 |
Minn. Ct. App. |
2015-11-16 |
Affirmed
|
State of Minnesota v. Terry Gordon Wurtz
|
|
… g an attorney. After reading the men the advisories, Officer Beckmann read the Miranda warning to them and asked them to give statements. All three, including appellant, agreed to speak with Officer Beckmann. Appellant then admitted to d …
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| A15-23 |
Minn. Ct. App. |
2015-10-19 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Duane Thomas Mizner
|
|
… n came to the spa and wellness center, asked for a statement, and read him his Miranda rights. Mizner testified that he provided a statement and did not call an attorney. On cross-examination, the following exchange occurred between the …
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| A14-1911 |
Minn. Ct. App. |
2015-10-05 |
Affirmed
|
State of Minnesota v. Barry Lee Jacobson
|
|
… egree conspiracy to distribute methamphetamine. The officers read Jacobson his Miranda rights. Jacobson told the officers that he understood his rights and would answer their questions. Jacobson did not request an attorney. The int …
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| A15-751 |
Minn. Ct. App. |
2015-09-08 |
Reversed and remanded
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State of Minnesota v. Larry Lawayne Hewitt
|
|
… ain pre-trial statements on the ground that they were obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966). Needham, 488 N.W.2d at 295. At the omnibus hearing, the defendant introduced evidence that was intend …
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| A14-1536 |
Minn. Ct. App. |
2015-09-08 |
Affirmed
|
State of Minnesota v. Patrick Lamar Mobley
|
|
… ggravated robbery, was brought to the police station. After Mobley was given a Miranda warning and stated that he understood his Miranda rights, he made a statement to police, in which he admitted that the gun belonged to him. Mob …
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| A14-1399 |
Minn. |
2015-08-26 |
Affirmed
|
State of Minnesota v. Miranda Lynn Jones
|
|
… Office of Appellate Courts Miranda Lynn Jones, Respondent. _________________________________ Lori Swanson, Attorney General, Saint Paul, Minnesota; …
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| A14-1986 |
Minn. Ct. App. |
2015-08-17 |
Affirmed
|
State of Minnesota v. Jesse Lee Weseman
|
|
… st revealed the presence of amphetamine and methamphetamine. After receiving a Miranda warning, Weseman admitted that “he had smoked methamphetamine within the previous night.” The state charged Weseman with first-degree contro …
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| A14-1932 |
Minn. Ct. App. |
2015-08-03 |
Affirmed
|
State of Minnesota v. Jack Arnold Haines
|
|
… ifle. Appellant was arrested and taken to jail. After he was read the Miranda warning, he was interviewed by an officer. He told the officer that (1) earlier on the morning of 10 April, he had brought his rifle down from his bed …
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| A14-874 |
Minn. Ct. App. |
2015-07-13 |
Affirmed
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State of Minnesota v. Charles Edward Gorgol
|
|
… rr by admitting the recording of Gorgol’s statements to police in violation of Miranda when defense counsel failed to object. And Gorgol did not meet his burden on his ineffective- assistance-of-counsel claim because he did not demonstra …
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| A14-1567 |
Minn. Ct. App. |
2015-06-29 |
Affirmed
|
State of Minnesota v. Logan Nicholas Clay
|
|
… -tested positive for marijuana. Appellant was placed under arrest and read his Miranda rights. Once at the police station, a bag containing 10.2 ounces (289.17 grams) of hallucinogenic mushrooms was discovered inside the large bag which …
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| A14-815 |
Minn. Ct. App. |
2015-06-22 |
Affirmed
|
State of Minnesota v. Dane Joseph Riley
|
|
… id that she did not know the handgun’s present location; (9) after waiving his Miranda rights, appellant told investigators that during the late evening hours of July 13, he drove M.A.H. from T.K.’s residence to an area on County Road 1 …
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| A14-260 |
Minn. Ct. App. |
2015-06-08 |
Affirmed
|
State of Minnesota v. Ricky Harry Gruber
|
|
… er cooperated. He made recorded statements after the investigator read him the Miranda warnings. He admitted that he took drugs from the drum on several occasions. He acknowledged that he was not supposed to access the box. He disclosed …
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| A14-625 |
Minn. Ct. App. |
2015-05-26 |
Reversed
|
State of Minnesota v. Cole Lyle Kjellberg
|
|
… up and made a mistake.” At the sheriff’s office, Kjellberg waived his Miranda rights and agreed to a recorded interview with the investigating officer. The investigating officer described Kjellberg as “very frantic. At times he …
|
| A14-2014 |
Minn. Ct. App. |
2015-05-26 |
Affirmed
|
In the Matter of the Welfare of: L. S. H., Child.
|
|
… ody when he made the statements to the deputy and, thus, was not entitled to a Miranda warning. Therefore, we affirm. FACTS At 12:45 a.m. on May 29, 2014, Deputies Jamie Meyer and Tyler Lyn …
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| A14-1183 |
Minn. Ct. App. |
2015-05-18 |
Affirmed
|
State of Minnesota v. Robert William Neft
|
|
… when he was seen exiting the apartment and driving away in the sedan. After a Miranda warning, he gave a statement to police admitting that he and 2 B.T. had donned masks and entered the stor …
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| A14-432 |
Minn. Ct. App. |
2015-05-05 |
Reversed
|
STATE of Minnesota, Respondent, v. Kyle Dean McCLAIN, Appellant
|
|
… Around midnight, two investigators began interviewing appellant. He was given a Miranda warning and agreed to speak with the police. Appellant said that he had been in his downstairs room all evening watching television. He claimed that he …
|
| A13-1624 |
Minn. |
2015-04-22 |
Affirmed
|
State of Minnesota v. Thomas James Fox
|
|
… suppress the statements he made to police because appellant validly waived his Miranda rights under federal and state constitutional standards. 2. The district court did not err when it declined to give appellant’s proposed j …
|
| A14-1088 |
Minn. Ct. App. |
2015-04-13 |
Affirmed
|
State of Minnesota v. Miranda Catherine Johnson
|
|
… vs. Miranda Catherine Johnson, Appellant. Filed April 13, 2015 …
|
| A14-1503 |
Minn. Ct. App. |
2015-04-13 |
Reversed
|
State of Minnesota v. Ashley Shayia Lee, (A14-1503), State of Minnesota v. Tasheanna Yvon…
|
|
… t her in her squad car, and she questioned Lee further without reading her the Miranda rights. Police found another Amber Smith credit card in Moore’s purse, and they arrested Moore. Officer Holtmeier searched the interior of the rental …
|
| A13-1801 |
Minn. |
2015-04-08 |
Affirmed
|
State of Minnesota v. Nisius Dealvin McAllister
|
|
… gation ended, the officers resumed the interrogation, without issuing a second Miranda warning to McAllister. McAllister then provided additional details about the crime that he had not previously disclosed to the officers. The officers a …
|
| A14-540 |
Minn. Ct. App. |
2015-03-23 |
Affirmed
|
State of Minnesota v. Albert Leroy Goranson
|
|
… III. Appellant raises additional arguments regarding the adequacy of a Miranda warning during a police interview. Appellant has not supported these supplemental 10 arguments with rele …
|