| A14-568 |
Minn. Ct. App. |
2015-03-02 |
Affirmed
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State of Minnesota v. Joshua Alan Pourrier
|
|
… iew with Officer Neubauer be played in its entirety, with the exception of the Miranda warning and the portion where appellant makes a reference to having previously been incarcerated. In the same motion, the state also requested that the …
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| A13-2312 |
Minn. Ct. App. |
2015-02-23 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Justin Thadeus Amick
|
|
… e giving the statement. The district court found that Amick was advised of his Miranda rights, understood them, and knowingly and intelligently waived his rights, implicitly concluding that Amick failed to invoke his right to counsel bef …
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| A14-772 |
Minn. Ct. App. |
2015-02-17 |
Affirmed
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State of Minnesota v. Paul Richard Dehn
|
|
… oncluding that the traffic stop was reasonable, appellant was not entitled to a Miranda warning, the police officers vindicated appellant’s limited right to counsel, and appellant consented to the urine test. The parties then conducted a …
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| A13-1769 |
Minn. |
2015-02-04 |
Denied
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Myon Demarlo Burrell v. State of Minnesota
|
|
… al, we reversed and remanded for a new trial on the grounds that (1) Burrell’s Miranda waiver was ineffective, (2) the admission of expert testimony vouching for a witness’s credibility was error, and (3) the district court erred when it …
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| A14-368 |
Minn. Ct. App. |
2015-02-02 |
Reversed and remanded
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State of Minnesota v. Wayne Keith Parmenter
|
|
… ice after he was first stopped should be suppressed because he was not given a Miranda warning. But this issue was neither dispositive nor would it have made a contested trial unnecessary: the state had substantial evidence against Parme …
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| A14-135 |
Minn. Ct. App. |
2015-01-05 |
Affirmed
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State of Minnesota v. Raymond Eugene Taylor
|
|
… r his appeal. He asks us to reverse his conviction because police violated his Miranda rights and because the district court subjected him to an unfair trial. Neither argument persuades us to reverse. …
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| A14-125 |
Minn. Ct. App. |
2015-01-05 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Justin Christopher Mitchell
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|
… ’s permission, but they did not find a gun. Officer Greenwald gave appellant a Miranda warning before interviewing him at the jail. Appellant admitted that he spoke to N.A. and F.J. at the daycare, but denied that he verbally threatened t …
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| A14-399 |
Minn. Ct. App. |
2015-01-05 |
Affirmed
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State of Minnesota v. Amir Ali Saleh
|
|
… ation on the [recording] that took place before [appellant] was advised of his Miranda rights”; (2) “any inquiry about . . . Ramadan, or [appellant’s] religion in any way”; (3) any indication of appellant’s living situation; and (4) “[i] …
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| A14-40 |
Minn. Ct. App. |
2014-12-29 |
Affirmed
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State of Minnesota v. Jerome Deshawn Misters
|
|
… allowing testimony about statements he made without having first received his Miranda warnings. This court has discretion to review unobjected-to error under the plain-error rule. Minn. R. Crim. P. 31.02; Griller, 583 N.W.2d at 740. …
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| A14-1399 |
Minn. Ct. App. |
2014-12-29 |
Affirmed
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State of Minnesota v. Miranda Lynn Jones
|
|
… vs. Miranda Lynn Jones, Respondent. Filed December 29, 2014 …
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| A14-328 |
Minn. Ct. App. |
2014-12-29 |
Affirmed
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William Haugen v. Commissioner of Public Safety
|
|
… test revealed an alcohol concentration of .11. The trooper read appellant his Miranda rights, and, at this time, appellant invoked his right to remain silent. At no point during the encounter did the trooper seek a warrant prior to obta …
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| A14-713 |
Minn. Ct. App. |
2014-12-22 |
Affirmed
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State of Minnesota v. Jacob Daniel Hughes
|
|
… orted to the Otter Tail County detention facility. He was advised of his Miranda rights and interviewed by the sergeant and other officers. Hughes admitted that he knew the pills were hydrocodone and stated that he struggles with a …
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| A13-2251 |
Minn. Ct. App. |
2014-12-22 |
Denied
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State of Minnesota v. Dana James McEachern
|
|
… ified the search in light of McEachern’s probation conditions, and McEachern’s Miranda argument has no factual support. FACTS Officer Josef Garcia stopped Dana McEachern’s pick-up truck for …
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| A13-1948 |
Minn. Ct. App. |
2014-12-08 |
Affirmed
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State of Minnesota v. Michael Darron Ware
|
|
… utside the presence of counsel so long as the defendant, after being given his Miranda rights, provides a knowing, intelligent, and voluntary waiver of his rights, including the right to have counsel present during the interview. …
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| A13-2255 |
Minn. Ct. App. |
2014-12-01 |
Affirmed
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State of Minnesota v. Jesse Keith Fultz
|
|
… itted). The state concedes, and we agree, that Kellum’s custodial, post-Miranda statement to Sergeant Braiedy was testimonial under Crawford. “An accuser who makes a formal statement to government officers bears testimony in a sen …
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| A13-2128 |
Minn. Ct. App. |
2014-11-24 |
Affirmed
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State of Minnesota v. Larry Jermaine McCool
|
|
… ivated a handheld digital audio-recording device before advising McCool of his Miranda rights, observed that a red light came on, and stopped the recording at the end of the interview. During this interview, McCool reportedly confes …
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| A14-462 |
Minn. Ct. App. |
2014-11-17 |
Affirmed
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Raymond Darrel Pfarr v. State of Minnesota
|
|
… l with his custodial statements because he was not advised of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966), and the police ignored his request for counsel during the interrogation. Pfarr also argued that his t …
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| A13-2039 |
Minn. Ct. App. |
2014-11-03 |
Affirmed
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State of Minnesota v. Kalen Duane Johnson
|
|
… to be blood on Johnson’s jacket sleeve, pants, and bandana. He read Johnson a Miranda warning, and Johnson agreed to give a statement. Johnson told Officer Naumann that he had been drinking beer on the shore of …
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| A12-173, A13-996 |
Minn. |
2014-10-08 |
Denied
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State of Minnesota v. Mahdi Hassan Ali
|
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… ed. Later that night, police also arrested Mahdi. After the police read him his Miranda rights, 4 Mahdi denied knowing anything about the murders at the Seward Market. As police slowly confronted him with evidence of his activities with Abd …
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| A14-541 |
Minn. Ct. App. |
2014-09-29 |
Affirmed
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State of Minnesota v. Bashir Abdullahi Farah
|
|
… In Needham, defense counsel moved to suppress the defendant’s confession under Miranda.3 Id. at 295. After receiving testimony from the interrogating officer and the defendant, the district court directed the parties to file simultaneous …
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| A14-10 |
Minn. Ct. App. |
2014-09-29 |
Affirmed
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Rufus Cornelius Loyd v. Commissioner of Public Safety
|
|
… Lastly, Loyd challenges the initial stop, withholding of evidence, his Miranda rights, and the 911 call. At the hearing, however, the only issue presented to the district court was whether probable cause existed for the second ch …
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| A13-121 |
Minn. |
2014-09-10 |
Affirmed
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State of Minnesota v. Corey Joel Eichers
|
|
… in his vehicle, at which point they placed him under arrest. After waiving his Miranda rights, Eichers stated that he was buying and reselling drugs to make money and had previously received approximately five drug packages through the m …
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| A13-2205 |
Minn. Ct. App. |
2014-09-08 |
Affirmed
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State of Minnesota v. Janice Marie Cortes
|
|
… ontained more than 12 grams of meth. In a statement she made after receiving a Miranda warning, Cortes said that one baggie was hers but the other belonged to her sister. She provided a number of explanations for the currency, saying her …
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| A14-591 |
Minn. Ct. App. |
2014-09-02 |
Reversed and remanded
|
State of Minnesota v. Carmilla J. Thibodeau-Schoeszler
|
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… did not interrogate her until after she was booked into jail and he gave her a Miranda warning before doing so. We therefore reverse the district court’s pretrial suppression order and remand this matter for trial. Reversed and re …
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| A13-1949 |
Minn. Ct. App. |
2014-08-25 |
Affirmed
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State of Minnesota v. Jonathan Lee Closner
|
|
… d as admissions to enhance his sentence.”). Closner also contends that Miranda waivers and Blakely waivers have the same legal requirements, but no Minnesota law exists to support his assertion. Because a Miranda waiver serves a …
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| A13-1844 |
Minn. Ct. App. |
2014-08-18 |
Affirmed
|
State of Minnesota v. Kyle Anthony Compardo
|
|
… to search for controlled substances. The officers read Compardo his Miranda rights and presented him with a consent-to-search form, which included a written Miranda warning. Compardo signed the form, and officers searched his …
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| A13-1827 |
Minn. Ct. App. |
2014-08-11 |
Affirmed
|
State of Minnesota v. Robert Lee Crisler
|
|
… rcement. 738 N.W.2d at 368-69. His attorney had advised him that “there was no Miranda violation.” Id. at 368. The defendant later 6 moved to withdraw his plea before sentencing, arguing that …
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| A13-1299 |
Minn. Ct. App. |
2014-08-04 |
Affirmed
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State of Minnesota v. Samuel Johosephat Taylor
|
|
… ed a Fifth Amendment challenge to admission of evidence of the defendant’s pre-Miranda silence. 806 N.W.2d at 543. No such issue is present here. This Fifth Amendment case is not relevant here, where it was his attorney’s role to “step[] …
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| A13-2082 |
Minn. Ct. App. |
2014-07-21 |
Affirmed
|
Daniel Roy Gibbs v. Commissioner of Public Safety
|
|
… the breath test. 2 Appellant also argues that because he was not read the Miranda warning, he could not have voluntarily consented to a breath test. Appellant did not raise this argument to the district court. We decline to address it …
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| A13-1263 |
Minn. Ct. App. |
2014-07-21 |
Affirmed
|
State of Minnesota v. Jimmy Lee Morris
|
|
… sion, but did not search him or handcuff him. He also did not give appellant a Miranda warning. Officer Hughes told appellant that he was not under arrest, and was free to go, but said he had some additional questions about where the Chr …
|
| A13-37 |
Minn. Ct. App. |
2014-07-21 |
Affirmed
|
State of Minnesota v. Kristopher Lee Roybal
|
|
… placed under arrest at approximately 2:45 a.m., but was not initially read his Miranda rights. Trooper Schultz transported appellant to the Ramsey County Law Enforcement Center (LEC) in his squad car. The squad-car recording reveal …
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| A13-1373 |
Minn. Ct. App. |
2014-07-21 |
Affirmed in part and reversed in part
|
State of Minnesota v. Corey Lee Melde
|
|
… fficer that appellant exercised his right to remain silent after being given a Miranda warning. Because appellant did not object, our analysis is under the plain-error standard. See Minn. R. Crim. P. 31.02. An error is plain if it “contra …
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| A13-1023 |
Minn. Ct. App. |
2014-07-14 |
Affirmed
|
State of Minnesota v. La�Rog Daquan Meadows
|
|
… e penalty of perjury, she provided the statement after voluntarily waiving her Miranda rights. Factors 2 and 3 favor admission because, although S.D. testified that she lied in her statement to Sergeant Gray because Officer Tamm told her …
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| A13-1589 |
Minn. Ct. App. |
2014-07-07 |
Affirmed
|
State of Minnesota v. Zephaniah James Skarja
|
|
… raphernalia and a baggie of methamphetamine in the vehicle. Willis was given a Miranda warning at the police station, and agreed to provide a statement. Willis stated that he and Otto had met a man named “Zeph”1 at a gas station abo …
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| No. A13-1959 |
Minn. |
2014-06-11 |
Denied
|
Kim Thul Ouk v. State
|
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… (Minn.1994). We held that Ouk had made a knowing and intelligent waiver of his Miranda rights, that the evidence was sufficient to sustain his convictions, and that his aggregated sentence did not exaggerate his criminality. Id. at 186 . E …
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| No. A13-2169 |
Minn. |
2014-05-21 |
Affirmed
|
Hughes v. State
|
|
… s’ coerced, involuntary statements and statements taken in violation of Hughes' Miranda rights; (13) there was insufficient evidence to support the conviction; (14) trial counsel failed to obtain photographs and other evidence that Hughes c …
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| No. A13-0349 |
Minn. |
2014-02-05 |
Affirmed
|
Erickson v. State
|
|
… tly thereafter while waiting at the Saint Cloud bus terminal. After receiving a Miranda warning, Erickson admitted committing the murder and subsequently consented to the search of his home. A grand jury indicted Erickson for the murder, an …
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| Nos. A11-1379, A12-0081 |
Minn. |
2013-09-11 |
Denied
|
State v. Castillo-Alvarez
|
|
… fice at the airport, and after Castillo-AIvarez read and signed a waiver of his Miranda rights, the agent and sheriff conducted a custodial interrogation. In keeping with FBI policy and Texas and Iowa law, the officers did not electronicall …
|
| No. A12-0079 |
Minn. |
2013-08-07 |
Denied
|
State v. Morrow
|
|
… w was interviewed by Sergeant Payne and Sergeant Ken Jensen. Morrow was given a Miranda warning and signed a form acknowledging that he understood his rights. Morrow was also asked if he understood his rights, and stated that he did. Morrow …
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| No. A12-0073 |
Minn. |
2013-07-24 |
Granted
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State v. Sterling
|
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… e he was in custody at the time the statements were made and had not received a Miranda warning; and (2) whether the evidence is insufficient to support his conviction. In his pro se brief, Sterling also makes a number of assertions that he …
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| No. A12-0463 |
Minn. |
2013-05-31 |
Granted
|
State v. Zornes
|
|
… oorhead Detective Ryan Nelson began to examine Zornes. Zornes was first given a Miranda warning. Zornes invoked his Miranda rights after receiving the warning and the questioning was halted immediately. Jaeche and Nelson then “processed” Zo …
|
| No. A11-2022 |
Minn. |
2013-04-24 |
Denied
|
State v. Dao Xiong
|
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… g to the crime, Xiong was arrested, advised of his constitutional rights with a Miranda warning, and interviewed by Special Agent Scott Mueller and Detective Marc Lombardi. Xiong’s statements to Agent Mueller and Detective Lombardi were inc …
|
| No. A11-1449 |
Minn. |
2013-01-23 |
Reversed
|
State v. McDonald-Richards
|
|
… free to leave. When MeDonald-Richards stated *13 that she had not been read her Miranda rights, Detective Ogren advised her of her Miranda rights. Detective Ogren interviewed McDonald-Richards for approximately 40 minutes. McDonald-Richards …
|
| No. A12-0895 |
Minn. Ct. App. |
2012-12-03 |
Denied
|
In re the Welfare of P.C.T.
|
|
… rveillance video, police identified respondent as the shooter. In a taped, post-Miranda statement, respondent denied having been in a vehicle on the day of the shootings. The police searched respondent’s bedroom and found a baseball cap mat …
|
| No. A09-1921 |
Minn. Ct. App. |
2012-11-05 |
Granted
|
State v. Borg
|
|
… a police officer “to testify about [Borg’s] pre-counseled, pre-arrest, and pre-Miranda silence in the state’s case-in-chief.” Id. at 16. This court further held that “in light of the weakness in the state’s case,” the error was not harmles …
|
| No. A11-0950 |
Minn. |
2012-10-24 |
Denied
|
State v. Scruggs
|
|
… s his statement to police on the basis that it was obtained in violation of his Miranda rights; (2) refusing to instruct the jury that Scruggs’s girlfriend, H.J., was an accomplice as a matter of law; (3) failing to instruct the jury on the …
|
| No. A10-0731 |
Minn. |
2012-09-19 |
Stayed
|
State v. Davis
|
|
… avis that he had been arrested for an assault, Karakostas informed Davis of his Miranda rights. Davis indicated that he understood his rights and Karakostas then questioned Davis about the assault. After a few minutes, Karakostas turned his …
|
| Nos. A11-1379, A12-0081 |
Minn. Ct. App. |
2012-09-17 |
Dismissed
|
State v. Castillo-Alvarez
|
|
… tat. §§ 611.31, 611.32, subd. 2 (2010). “Findings of fact surrounding a claimed Miranda waiver are reviewed for clear error; legal conclusions based on those facts are reviewed de novo.” State v. Farrah, 735 N.W.2d 336, 341 (Minn.2007) (dis …
|
| Nos. A09-0834, A11-2007 |
Minn. |
2012-09-12 |
Denied
|
State v. Radke
|
|
… statement, finding that it was obtained in violation of the rules set forth in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). At tria …
|
| Nos. A11-0070, A11-1671 |
Minn. |
2012-08-22 |
Affirmed
|
Bobo v. State
|
|
… -assistance-of-trial-counsel claim based on trial counsel’s failure to assert a Miranda challenge to the cell-phone testimony. 1 The second postconviction petition also alleged a newly discovered evidence claim. The newly discovered evidenc …
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