defendant raised defense (Minnesota) · Go Syfert
← Minnesota issues

defendant raised defense in Minnesota

9 Minnesota opinions name it 2 courts 2005–2025 2 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 (9)

CaseFollowedCited
State v. MacLennangreen
minn · 2005 · cited in 5 Minnesota opinions naming this issue, 2006–2024
2 sentences

2024In making a closing argument, the State may “vigorously argue its case” by pointing out the lack of merit in a particular defense, but it “may not belittle the defense, either in the abstract or by suggesting that the defendant raised the defense because it was the only defense that may be successful.” State v. MacLennan, 702 N.W.2d 219, 236 (Minn. 2005).

2012But the State “may not belittle the defense, either in the abstract or by suggesting that the defendant raised the defense because it was the only defense that may be successful.” MacLennan, 702 N.W.2d at 236 .

25
State v. Portergreen
minn · 1995 · cited in 1 Minnesota opinions naming this issue, 2025–2025
2 sentences

2025A closing argument is improper if it “could only have been intended to inflame the jury’s passions and prejudices.” Porter, 526 N.W.2d at 364 .

2025A closing argument is improper if it “could only have been intended to inflame the jury’s passions and prejudices.” Porter, 526 N.W.2d at 364.

11
State of Minnesota v. Amanda Lea Peltiergreen
minn · 2016 · cited in 1 Minnesota opinions naming this issue, 2025–2025
2 sentences

2025“The State may argue that there is no merit in a particular defense, but it may not belittle that defense either in the abstract or by suggesting that the defendant raised the defense because it was the only one with any hope for success.” State v. Peltier, 874 N.W.2d 792, 804 (Minn. 2016).

2025“The State may argue that there is no merit in a particular defense, but it may not belittle that defense either in the abstract or by suggesting that the defendant raised the defense because it was the only one with any hope for success.” State v. Peltier, 874 N.W.2d 792, 804 (Minn. 2016).

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

2024Additionally, the State may present “all legitimate arguments on the evidence and all proper inferences that can be drawn from that evidence.” State v. Pearson, 775 N.W.2d 155, 163 (Minn. 2009).

11
State v. Wrightgreen
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009State v. Wright, 719 N.W.2d 910, 919 (Minn.2006).

11
State v. Salitrosgreen
minn · 1993 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009But the State may not “belittle the defense, either in abstract or by suggesting that the defendant raised the defense because it was the only defense that may be successful.” Id. at 682-83 ; see also State v. Salitros, 499 N.W.2d 815, 818 (Minn.1993) (finding misconduct when the prosecutor said that defense attorneys always try to draw attention away from their clients).

11
State v. Johnsongreen
minn · 2000 · cited in 1 Minnesota opinions naming this issue, 2007–2007
1 sentence

2007Moreover, we have held that a prosecutor commits misconduct if he “call[s] a type of defense ‘soddy,’ or * * * suggests] that jurors would be ‘suckers’ if they believed the defense.” State v. Johnson, 616 N.W.2d 720, 730 (Minn.2000) (internal citations and emphasis omitted).

11
State v. Williamsgreen
minn · 1994 · cited in 1 Minnesota opinions naming this issue, 2005–2005
2 sentences

2005State v. Griese, 565 N.W.2d 419, 428 (Minn.1997) (quoting State v. Williams, 525 N.W.2d 538, 549 (Minn.1994)).

2005State v. Griese, 565 N.W.2d 419, 428 (Minn.1997) (quoting State v. Williams, 525 N.W.2d 538, 549 (Minn.1994)).

11
State v. Griesegreen
minn · 1997 · cited in 1 Minnesota opinions naming this issue, 2005–2005
2 sentences

2005State v. Griese, 565 N.W.2d 419, 428 (Minn.1997) (quoting State v. Williams, 525 N.W.2d 538, 549 (Minn.1994)).

2005State v. Griese, 565 N.W.2d 419, 428 (Minn.1997) (quoting State v. Williams, 525 N.W.2d 538, 549 (Minn.1994)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. Davis green
minn · 2007
1 sentence

2009But the State may not “belittle the defense, either in abstract or by suggesting that the defendant raised the defense because it was the only defense that may be successful.” Id. at 682-83 ; see also State v. Salitros, 499 N.W.2d 815, 818 (Minn.1993) (finding misconduct when the prosecutor said that defense attorneys always try to draw attention away from their clients).

12009–2009

Statutes the citing opinions construe

MN § Minn. Stat. § 609.185 (6) MN § Minn. Stat. § 609.19 (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.

Where else courts name it

IL 33 (1954–2025) CT 23 (1982–2026) MA 22 (1981–2026) PA 11 (1970–2023) MI 10 (1917–2024) LA 10 (1990–2020) MN 9 (2005–2025) FL 8 (1973–2015) WA 8 (1984–2019) NM 7 (2003–2022) AL 6 (1991–2001) NC 6 (2006–2017) CA 6 (1985–2020) TX 6 (1992–2023) KS 5 (1994–2017) NY 5 (1984–2017) GA 4 (1936–2019) AZ 4 (1990–2020) OH 4 (2007–2025) MO 4 (1905–2015) OK 3 (2017–2024) MT 3 (1988–2000) NV 3 (2018–2018) OR 3 (1997–2015) IN 3 (1995–2015) MD 3 (2003–2011) AR 2 (1981–1990) WY 2 (1975–1978) NJ 2 (2002–2019) TN 2 (1999–2019) NH 2 (1984–1995) IA 2 (2019–2019) MS 2 (2000–2022) UT 2 (2025–2026)

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.

← Caselaw search · G Cite Topics · Brief Check