Cited by
Opinions in Minnesota that cite State v. Vance, 254 N.W.2d 353.
- State of Minnesota v. Jeremiah Quan Turner Minn. 2026
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State of Minnesota v. Jeremiah Quan Turner
Minn. 2026
District courts grant an indigent defendant’s request for different counsel “only if exceptional circumstances exist and the demand is timely and reasonably made.”
- State of Minnesota v. Dayonne Marquis Lachapelle Minn. Ct. App. 2026
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State of Minnesota v. Dayonne Marquis Lachapelle
Minn. Ct. App. 2026
A district court’s decision to grant or deny a continuance “should be based on all facts and circumstances surrounding the request.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(finding no abuse of discretion because the defendant was “provided with a competent and able public defender who had thoroughly investigated the facts and was prepared for trial); Worthy, d at 278 (concluding the [district] court did not abuse its discretion in the denial of a continuan
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In evaluating a district court’s decision to deny a continuance, appellat e courts consider “whether the defendant was so prejudiced in preparing or presenting his defense as to materially affect the outcome of trial.” -59 (Minn. 1977).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
13, 1991); (noting that an indigent defendant may request substitute counsel, but the “request will be granted only if exceptional circumstances exist and the demand is timely and reasonably made”).
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In the Matter of the Welfare of the Child of: J. S., Parent.
Minn. Ct. App. 2024
The prejudice standard applicable to a due-process challenge to a district court’s decision to proceed by default requires the claimant to show that the decision prejudiced the “preparation or presentation of their case so as to ‘materially affect the outcome of the trial.’” G.A.H., d at 238 ().
- In the Matter of the Welfare of the Children of: G.A.H. and S.T., Parents (A22-1065). In the Matter … Minn. 2023
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In the Matter of the Welfare of the Children of: G.A.H. and S.T., Parents (A22-1065). In the Matter …
Minn. 2023
See Ungar, 376 U.S. at 590–91 (observing that the party seeking the continuance had time to take steps to hire counsel, obtain needed evidence, and prepare for the hearing); –59 (Minn. 1977) (considering among other factors that the defendant waited until the eve of trial to substitute counsel); (considering among other factors that defendant could have located private counsel in the 3 months he was in custody prior to trial); T.D.F., 2
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
A defendant cannot demand a continuance for the purpose of delay or by “arbitrarily choosing to substitute counsel at the time of trial.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
-59 (Minn. 1977) (holding that there was no abuse of discretion when the defendant made a motion for a continuance a few days before trial where the public defender was competent).
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Mario A. Ruiz, et al., Appellants,
Minn. Ct. App. 2020
In addition, the district court must base its decision “on all facts and circumstances surrounding the request.” State v. Vance
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The constitutional right to assistance of counsel discussed in the previous section “includes a [defendant’s] fair opportunity to secure counsel of his choice.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
If an indigent defendant requests the substitution of a court-appointed attorney, a district court must grant the request “‘only if exceptional circumstances exist and the demand is timely and reasonably made.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
13, 1991); see also State v. Vance , -59 (Minn. 1977) (noting that an i ndigent defendant may request substitute counsel, but the “request will be granted only if exceptional circumstances exist and the demand is timely and reasonably made”).
- Crow v. State 923 N.W.2d 2 Minn. 2019
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Crow v. State
923 N.W.2d 2
Minn. 2019
2052 , 80 L.Ed.2d 674 (1984) ; State v. Vance , , 358 (Minn. 1977).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This right permits a defendant “a fair opportunity to secure counsel of his choice.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Vance , 8 (Minn. 1977).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“This right includes a fair opportunity to secure counsel of [the defendant’s] choice.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
And a district court’s decision to grant or deny a continuance “should be based on all facts and circumstances surrounding the request.” d 353, 358 (Minn. 1977).
- State of Minnesota v. Gerald Exom Minn. Ct. App. 2017
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State of Minnesota v. Gerald Exom
Minn. Ct. App. 2017
See, d 270, 278 (Minn. 1998) (holding no abuse of discretion by denying a continuance requested a few days before trial by defendant who did not have good cause to dismiss his court- appointed attorney); (affirming denial of continuance requested a few days before trial because public defender was competent); State v. Ahearn, 292 Minn. 449, 450, (affirming denial of continuance requested the day before trial because there was no substantial basis for dissatisfaction or
- State of Minnesota v. Abel Gonyamonquah Miamen Minn. Ct. App. 2016
- State of Minnesota v. Abel Gonyamonquah Miamen Minn. Ct. App. 2016
- State of Minnesota v. Robert Lee Crum Minn. Ct. App. 2016
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State of Minnesota v. Robert Lee Crum
Minn. Ct. App. 2016
A request for substitution of counsel will be “granted only if exceptional circumstances exist and the demand is timely and reasonably made.”
- State of Minnesota v. William John Cross Minn. Ct. App. 2016
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State of Minnesota v. William John Cross
Minn. Ct. App. 2016
(noting a defendant was not entitled to a continuance where “he had no cause to be dissatisfied with his assigned counsel”).
- State of Minnesota v. Rico Patrick Howard Minn. Ct. App. 2016
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State of Minnesota v. Rico Patrick Howard
Minn. Ct. App. 2016
A criminal defendant’s right to counsel entitles the defendant to be allowed “a fair opportunity to secure counsel of his choice,” and an indigent defendant must “be provided competent counsel in all criminal proceedings.”
- State of Minnesota v. Christopher Timothy Poorker Minn. Ct. App. 2016
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State of Minnesota v. Christopher Timothy Poorker
Minn. Ct. App. 2016
The decision “should be based on all facts and circumstances surrounding the request [for a continuance].”
- State of Minnesota v. Ismael Thiam Dore Minn. Ct. App. 2015
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State of Minnesota v. Ismael Thiam Dore
Minn. Ct. App. 2015
Although he may request a substitution of counsel, his request will be granted only if exceptional circumstances exist and the 7 demand is timely and reasonably made.”
- State of Minnesota v. Larry Jermaine McCool Minn. Ct. App. 2014
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State of Minnesota v. Larry Jermaine McCool
Minn. Ct. App. 2014
“This right includes a fair opportunity to secure counsel of his choice.” d 353, 358 (Minn. 1977).
- State v. Hokanson 821 N.W.2d 340 Minn. 2012
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State v. Hokanson
821 N.W.2d 340
Minn. 2012
2052 , 80 L.Ed.2d 674 (1984)
- State v. Beecroft 813 N.W.2d 814 Minn. 2012
- State v. Paige 765 N.W.2d 134 Minn. Ct. App. 2009
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State v. Paige
765 N.W.2d 134
Minn. Ct. App. 2009
A defendant cannot demand a continuance for the purpose of delay or by “arbitrarily choosing to substitute counsel at the time of trial.”
- State v. Clark 722 N.W.2d 460 Minn. 2006
- State v. Clark 722 N.W.2d 460 Minn. 2006
- State v. Mems 708 N.W.2d 526 Minn. 2006
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State v. Mems
708 N.W.2d 526
Minn. 2006
The Sixth Amendment of the United States Constitution and article I, section 6 of the Minnesota Constitution provide that a criminal defendant has the right to the assistance of counsel for his defense, which “includes a fair opportunity to secure counsel of his choice.”