two-tiered harmless error (Minnesota) · Go Syfert
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two-tiered harmless error in Minnesota

17 Minnesota opinions name it 2 courts 2009–2024 5 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
State v. McDanielgreen
minn · 2010 · cited in 5 Minnesota opinions naming this issue, 2015–2024
2 sentences

2016For objected-to prosecutorial misconduct, this court applies a two-tiered harmless-error test, “the application of which varies based on the severity of the misconduct.” State v. McDaniel, 777 N.W.2d 739, 749 (Minn.2010) (quotation omitted). 8 Serious misconduct is “harmless, beyond a reasonable doubt if the verdict rendered was surely unattributable to the error,” while less serious misconduct is harmless unless “the misconduct likely played a substantial part in influencing the jury to convict.” State v. Powers, 654 N.W.2d 667, 678 (Minn.2003) (quotations omitted).

2015For objected-to prosecutorial misconduct, this court applies a two-tiered harmless-error test, “the application of which varies based on the severity of the misconduct.” 2 State v. McDaniel, 777 N.W.2d 739, 749 (Minn. 2010) ( quotation omitted).

35
State v. Carongreen
minn · 1974 · cited in 4 Minnesota opinions naming this issue, 2016–2024
2 sentences

2024See State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974) (stating that the two-tiered harmless-error test applies to cases where the defendant objects to the alleged prosecutorial misconduct).

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

34
State v. Yanggreen
minn · 2009 · cited in 4 Minnesota opinions naming this issue, 2009–2015
2 sentences

2015Id.

2015We review objected-to claims of prosecutorial misconduct under “a two-tiered harmless-error test.” State v. Yang, 774 N.W.2d 539, 559 (Minn. 2009). “[C]ases than one cannabinoid beyond THC, as is required by the BCA’s standard operating procedures to classify a substance as hashish.

34
State v. Carridinegreen
minn · 2012 · cited in 3 Minnesota opinions naming this issue, 2015–2016
2 sentences

2016State v. Carridine, 812 N.W.2d 130, 146 (Minn. 2012).

2016State v. Carridine, 812 N.W.2d 130, 146 (Minn. 2012).

33
State v. Powersgreen
minn · 2003 · cited in 2 Minnesota opinions naming this issue, 2015–2016
2 sentences

2016For objected-to prosecutorial misconduct, this court applies a two-tiered harmless-error test, “the application of which varies based on the severity of the misconduct.” State v. McDaniel, 777 N.W.2d 739, 749 (Minn.2010) (quotation omitted). 8 Serious misconduct is “harmless, beyond a reasonable doubt if the verdict rendered was surely unattributable to the error,” while less serious misconduct is harmless unless “the misconduct likely played a substantial part in influencing the jury to convict.” State v. Powers, 654 N.W.2d 667, 678 (Minn.2003) (quotations omitted).

2015Serious misconduct is “harmless beyond a reasonable doubt if the verdict rendered was surely unattributable to the error,” while less serious misconduct is harmless unless “the misconduct likely played a substantial part in influencing the jury to convict.” State v. Powers, 654 N.W.2d 667, 678 (Minn. 2003) (quotation omitted).

22
State v. Rameygreen
minn · 2006 · cited in 2 Minnesota opinions naming this issue, 2024–2024
2 sentences

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

12
State v. Jacksongreen
minn · 2009 · cited in 1 Minnesota opinions naming this issue, 2024–2024
1 sentence

2024In particular, “[w]hen an objection is made and [the appellate court] conclude[s] the prosecutor committed misconduct, [the appellate court] appl[ies] a two-tiered harmless-error analysis.” State v. Jackson, 773 N.W.2d 111, 121 (Minn. 2009).

11
State v. Martingreen
minn · 2009 · cited in 1 Minnesota opinions naming this issue, 2024–2024
1 sentence

2024Under that test, in cases involving “unusually serious prosecutorial misconduct,” we determine “whether it was harmless beyond a reasonable doubt.” State v. Martin, 773 N.W.2d 89, 104 (Minn. 2009).

11
State of Minnesota v. Vidale Lee Whitson, Vidale Lee Whitson v. State of Minnesota, C5-02-2108green
minn · 2016 · cited in 1 Minnesota opinions naming this issue, 2024–2024
2 sentences

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

11
State v. Stewardgreen
minn · 2002 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016See State v. Steward, 645 N.W.2d 115, 121 (Minn.2002) (citing State v. Caron, 300 Minn. 123, 127 , 218 N.W.2d 197, 200 (1974)).

11
State v. Wrengreen
minn · 2007 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009State v. Wren, 738 N.W.2d 378, 389-90 (Minn.2007).

11

Distinguished, questioned or overruled (2)

CaseNegativeCited
State v. Carongreen
minn · 1974 · cited in 4 Minnesota opinions naming this issue, 2016–2024
2 sentences

2024See State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974) (stating that the two-tiered harmless-error test applies to cases where the defendant objects to the alleged prosecutorial misconduct).

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

14
State v. Rameygreen
minn · 2006 · cited in 2 Minnesota opinions naming this issue, 2024–2024
2 sentences

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

2024State v. Caron, 218 N.W.2d 197, 200 (Minn. 1974), abrogated on other grounds by State v. Ramey, 721 N.W.2d 294, 298-99 (Minn. 2006); State v. Whitson, 876 N.W.2d 297, 304 (Minn. 2016); see also Woodard v. State, 994 N.W.2d 272 , 277 n.2 (Minn. 2023) (indicating that the two-tiered harmless-error test is applicable in cases involving objected-to prosecutorial misconduct).

12

Statutes the citing opinions construe

MN § Minn. Stat. § 480A.08 (8) MN § Minn. Stat. § 609.035 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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