Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Minnesota opinions name it 2 courts 2007–2018 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. Fergusongreen2 sentences2018See id. at 771 (concluding in part that a handwritten note lacked sufficient indicia of trustworthiness because it was unsworn, undated, did not state which parts of the testimony were false, and misspelled the name of the witness who was allegedly recanting); Vance v. State , 752 N.W.2d 509 , 514-15 (Minn. 2008) (concluding that the affidavits of two witnesses recanting their trial testimony lacked sufficient indicia of trustworthiness to merit an evidentiary hearing because the reasons given for falsely testifying were vague and did not make sense); State v. Ferguson , 742 N.W.2d 651 , 659-6 2013Cf. State v. Ferguson, 742 N.W.2d 651, 660 (Minn.2007) (noting that "to justify the expense and risk of transporting the petitioner to an evidentiary hearing, it seems to us that the petitioner has an obligation to make a greater showing of a genuine recantation than was made here”). . | 2 | 4 |
Opsahl v. Stategreen2 sentences2011Specifically, in State v. Ferguson, we said that “to justify the expense and risk of transporting the petitioner to an evidentiary hearing, it seems to us that the petitioner has an obligation to make a greater showing of a genuine recantation.” 742 N.W.2d 651, 660 (Minn.2007); see also Opsahl v. State, 677 N.W.2d 414, 423 (Minn.2004). 2007See, e.g., Wilson v. State, 726 N.W.2d 103, 104-05, 107-08 (Minn.2007) (granting hearing where jailhouse informant recanted in writing); Opsahl, 677 N.W.2d at 423-24 (granting hearing based on recanting affidavits). | 2 | 2 |
Lincoln Lamar Caldwell v. State of Minnesotagreen2 sentences2018See id. at 771 (concluding in part that a handwritten note lacked sufficient indicia of trustworthiness because it was unsworn, undated, did not state which parts of the testimony were false, and misspelled the name of the witness who was allegedly recanting); Vance v. State , 752 N.W.2d 509 , 514-15 (Minn. 2008) (concluding that the affidavits of two witnesses recanting their trial testimony lacked sufficient indicia of trustworthiness to merit an evidentiary hearing because the reasons given for falsely testifying were vague and did not make sense); State v. Ferguson , 742 N.W.2d 651 , 659-6 2018See Caldwell , 853 N.W.2d at 770-76 (concluding *509 that a signed and notarized affidavit from an investigator who interviewed the recanting witnesses was sufficiently trustworthy and an evidentiary hearing was required); Martin v. State , 825 N.W.2d 734 , 743 (Minn. 2013) (concluding that the petitioner was entitled to a hearing because the witnesses offered explanations for the recantations and submitted affidavits that formally recanted their sworn testimony); Dobbins v. State , 788 N.W.2d 719 , 734-35 (Minn. 2010) (concluding that a sworn affidavit from someone who spoke directly with the | 1 | 1 |
State v. Caldwellgreen1 sentence2017Caldwell, 803 N.W.2d at 388 (quotation omitted). | 1 | 1 |
Wilson v. Stategreen1 sentence2007See, e.g., Wilson v. State, 726 N.W.2d 103, 104-05, 107-08 (Minn.2007) (granting hearing where jailhouse informant recanted in writing); Opsahl, 677 N.W.2d at 423-24 (granting hearing based on recanting affidavits). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martin v. State
green
1 sentence2018See Caldwell , 853 N.W.2d at 770-76 (concluding *509 that a signed and notarized affidavit from an investigator who interviewed the recanting witnesses was sufficiently trustworthy and an evidentiary hearing was required); Martin v. State , 825 N.W.2d 734 , 743 (Minn. 2013) (concluding that the petitioner was entitled to a hearing because the witnesses offered explanations for the recantations and submitted affidavits that formally recanted their sworn testimony); Dobbins v. State , 788 N.W.2d 719 , 734-35 (Minn. 2010) (concluding that a sworn affidavit from someone who spoke directly with the | 1 | 2018–2018 |
Vance v. State
green
1 sentence2018See id. at 771 (concluding in part that a handwritten note lacked sufficient indicia of trustworthiness because it was unsworn, undated, did not state which parts of the testimony were false, and misspelled the name of the witness who was allegedly recanting); Vance v. State , 752 N.W.2d 509 , 514-15 (Minn. 2008) (concluding that the affidavits of two witnesses recanting their trial testimony lacked sufficient indicia of trustworthiness to merit an evidentiary hearing because the reasons given for falsely testifying were vague and did not make sense); State v. Ferguson , 742 N.W.2d 651 , 659-6 | 1 | 2018–2018 |
Dobbins v. State
green
1 sentence2018See Caldwell , 853 N.W.2d at 770-76 (concluding *509 that a signed and notarized affidavit from an investigator who interviewed the recanting witnesses was sufficiently trustworthy and an evidentiary hearing was required); Martin v. State , 825 N.W.2d 734 , 743 (Minn. 2013) (concluding that the petitioner was entitled to a hearing because the witnesses offered explanations for the recantations and submitted affidavits that formally recanted their sworn testimony); Dobbins v. State , 788 N.W.2d 719 , 734-35 (Minn. 2010) (concluding that a sworn affidavit from someone who spoke directly with the | 1 | 2018–2018 |
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.
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.