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13 Minnesota opinions name it 2 courts 1950–2016 0 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.
| Case | Followed | Cited |
|---|---|---|
State v. Browngreen2 sentences2006See Brown, 348 N.W.2d at 747 ("[C]arefully worded instructions by the trial court can ameliorate the effect of improper prosecutorial argument."). 2006See Brown, 348 N.W.2d at 747 (“[C]arefully worded instructions by the trial court can ameliorate the effect of improper prosecutorial argument.”). | 1 | 1 |
Chapman v. Californiared2 sentences2005See Chapman v. California, 386 U.S. 18, 23-24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). 2005See Chapman v. California, 386 U.S. 18, 23-24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). | 1 | 1 |
State v. Salitrosgreen1 sentence2000The prosecutor’s comments in Caldwell differ significantly from the comments here however, as here they clearly went only to the adequacy of the evidence and the credibility of the witnesses in support of appellant’s alibi, an argument we approved in State v. Salitros, 499 N.W.2d 815, 818 (Minn.1993) (“prosecutor is free to argue that there is no merit to a particular defense in view of the evidence”). | 1 | 1 |
Hake v. Soo Line Railway Co.green2 sentences1985As indicated in Hake v. Soo Line Ry., 258 N.W.2d 576 (Minn.1977), where an attorney allegedly inspired passion and prejudice by incorporating irrelevant references in his closing argument: *417 An objection to improper remarks, a request for curative instruction, and a refusal by the trial court to take corrective action are generally prerequisites to the obtaining of a new trial on appeal except where the misconduct is so flagrant as to require the court to act on its own motion, or is so extreme that a corrective instruction would not alleviate the prejudice. 1985Hake, 258 N.W.2d at 582 (citations omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Nissalke
green
1 sentence2016Id. | 1 | 2016–2016 |
Sandstrom v. Montana
green
2 sentences1981The only instruction which merits discussion is the trial court’s statement at one point that “[i]t is presumed that a person intends his or her voluntary act.” A trial court should be extremely careful about using language such as this, but a reversal here on this ground is clearly not mandated by Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). 1981The only instruction which merits discussion is the trial court’s statement at one point that “[i]t is presumed that a person intends his or her voluntary act.” A trial court should be extremely careful about using language such as this, but a reversal here on this ground is clearly not mandated by Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979). | 1 | 1981–1981 |
Russell v. Strohochein
green
2 sentences1978Russell v. Strohocheim, 305 Minn. 532 , 233 N.W.2d 289 (1975). 3. 1978Russell v. Strohocheim, 305 Minn. 532 , 233 N.W.2d 289 (1975). 3. | 1 | 1978–1978 |
Bisbee v. Ruppert
green
2 sentences1977Bisbee v. Ruppert, 306 Minn. 39 , 235 N.W.2d 364 (1975); Patton v. Minneapolis Street Ry. 1977Bisbee v. Ruppert, 306 Minn. 39 , 235 N.W.2d 364 (1975); Patton v. Minneapolis Street Ry. | 1 | 1977–1977 |
State v. Granroth
green
2 sentences1974State v. Granroth, 294 Minn. 491 , 200 N. W. 2d 397 (1972); State v. Prettyman, supra. Here the trial court, upon defendant’s request, promptly gave a corrective instruction; further, the evidence against defendant was strong (an eyewitness called police while observing the burglaries in progress and the police arrested defendant and others, with the stolen goods in their possession, minutes after they left the scene). 1974State v. Granroth, 294 Minn. 491 , 200 N. W. 2d 397 (1972); State v. Prettyman, supra. Here the trial court, upon defendant’s request, promptly gave a corrective instruction; further, the evidence against defendant was strong (an eyewitness called police while observing the burglaries in progress and the police arrested defendant and others, with the stolen goods in their possession, minutes after they left the scene). | 1 | 1974–1974 |
Jeddeloh v. Hockenhull
green
2 sentences1966While it is true that in some instances the erroneous admission of evidence has compelled reversal notwithstanding a corrective instruction with respect to such evidence, Jeddeloh v. Hockenhull, 219 Minn. 541 , 18 N. W. (2d) 582 ; Evans v. Chicago, M. & St. 1966While it is true that in some instances the erroneous admission of evidence has compelled reversal notwithstanding a corrective instruction with respect to such evidence, Jeddeloh v. Hockenhull, 219 Minn. 541 , 18 N. W. (2d) 582 ; Evans v. Chicago, M. & St. | 1 | 1966–1966 |
State v. DePauw
green
2 sentences1963The position of respect in the community deservedly held by the county attorney 1 gives such a comment a weight and prejudicial impact 2 which cannot be obviated by a corrective instruction such as that given here. *525 While reluctant to order a new trial in a case such as this, we are satisfied that the “effect of the remarks of the prosecuting attorney was to deprive the defendant of the fair and impartial trial to which he was entitled.” State v. DePauw, 243 Minn. 375, 378 , 68 N. W. (2d) 223, 226 . 1963The position of respect in the community deservedly held by the county attorney 1 gives such a comment a weight and prejudicial impact 2 which cannot be obviated by a corrective instruction such as that given here. *525 While reluctant to order a new trial in a case such as this, we are satisfied that the “effect of the remarks of the prosecuting attorney was to deprive the defendant of the fair and impartial trial to which he was entitled.” State v. DePauw, 243 Minn. 375, 378 , 68 N. W. (2d) 223, 226 . | 1 | 1963–1963 |
State v. Jansen
green
2 sentences1962He cites State v. Jansen, 207 Minn. 250, 257 , 290 N. W. 557, 561 . 1962He cites State v. Jansen, 207 Minn. 250, 257 , 290 N. W. 557, 561 . | 1 | 1962–1962 |
State v. Peterson
green
2 sentences1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. 1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. | 1 | 1950–1950 |
Santee v. Haggart Construction Co.
green
2 sentences1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. 1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. | 1 | 1950–1950 |
Rolfsmeyer v. Rau
green
2 sentences1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. 1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. | 1 | 1950–1950 |
Hinman v. Gould
green
2 sentences1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. 1950State v. Peterson, 153 Minn. 310 , 190 N. W. 345 ; Rolfsmeyer v. Rau, 198 Minn. 213 , 269 N. W. 411 ; Santee v. Haggart Const. Co. 202 Minn. 361 , 278 N. W. 520 ; Hinman v. Gould, 205 Minn. 377 , 286 N. W. 364 ; Symons v. G. | 1 | 1950–1950 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.