Cited by

Opinions in Minnesota that cite Lussier v. State, 821 N.W.2d 581.

229 citing documents.

State of Minnesota v. Dustin Alexander Depiano Minn. Ct. App. 2020
Typically, a district court satisfies the accuracy requirement “by asking the defe ndant to express in his ow n words what happened.” (quotation omitted).
State of Minnesota v. Darren Lee Whitelow Minn. Ct. App. 2020
State of Minnesota v. Jared Otha Washington Minn. Ct. App. 2020
State of Minnesota v. Rufo Hamid Mumed Minn. Ct. App. 2020
State of Minnesota v. Ligarius Deauntae Munn Minn. Ct. App. 2020
A proper factual basis is established when “the record contains a showing that there is credible evidence available which would support a jury verdict that [the] defendant is guilty of at least as great a crime as that to which he pled guilty.” -89 (Minn. 2012) (quotation omitted).
State of Minnesota v. Markus Wilton Eskew Minn. Ct. App. 2019
State of Minnesota v. Zane David Foley Minn. Ct. App. 2019
Malik Jordan Olsen v. State of Minnesota Minn. Ct. App. 2019
Erick Lamont Lindsey v. State of Minnesota Minn. Ct. App. 2019
State of Minnesota v. Jacob John Friedrichs Minn. Ct. App. 2019
Markhel D. Franklin v. State of Minnesota Minn. Ct. App. 2019
Gene Rechtzigel v. State of Minnesota, AND State of Minnesota, vs. Gene Rechtzigel Minn. Ct. App. 2019
.” (“A motion to withdraw a plea after sentencing must be raised in a postconviction petition.”), aff’d
State of Minnesota v. Aleshia Lynn Becklund Minn. Ct. App. 2019
Kelsey Anna Ballman v. State of Minnesota Minn. Ct. App. 2019
See Lussier v. State , n.2 (Minn. 2012) (noting that after the 2005 amendments to Minn. Stat. § 590.01 , delays in filing a motion to with draw a guilty plea are treated no differently than delays in filing a petition for postconviction relief).
Mary Kate Nguyen v. State of Minnesota Minn. Ct. App. 2019
In other words, a guilty plea “may be supplemented by other evidence to establish the factual basis for a plea.”
State of Minnesota v. Shawn Douglas Ratcliff Minn. Ct. App. 2019
State of Minnesota v. Nicholas Mark Peterson Minn. Ct. App. 2019
Moreover, caselaw makes it clear that a guilty plea “may be supplemented by other evidence to establish the factual basis for [the] plea.”
State of Minnesota v. Pierre Lemar Burgess Minn. Ct. App. 2019
“[T]he plea petition and colloquy may be supplemen ted by other evidence to establish the factual basis for a plea.” (concluding that the record as a whole, which included the complaint and photos of the victim’s injuries taken at the hospital, was sufficient to establish factual basi s for guilty plea); (
Michael Opeoluwa Adebayo v. State of Minnesota Minn. Ct. App. 2019
An accurate plea must be established on a
Ryan David Avalon v. State of Minnesota Minn. Ct. App. 2019
Veterine Nicole McGhee v. State of Minnesota Minn. Ct. App. 2019
(plea petition and discussion may be supplemented by other evidence to establish factual basis necessary for guilty plea).
State of Minnesota v. Austin Dennis Minn. Ct. App. 2019
“[T]he typical way a district court satisfies the accuracy requirement is by asking the defendant to express in his own words what happened.” Lussier v. State , (quotation omitted).
State of Minnesota v. Samuel Louis Chase, Jr. Minn. Ct. App. 2019
See Trott, d at 252 (“The record also contains a copy of the complaint and defendant, by his plea of guilty, in effect judicially admitted the allegations contained in the complaint.”); (stating that a “plea petition and colloquy may be supplemented by other evidence to establish the factual basis for a plea”).
State of Minnesota v. David Michael Dillard Minn. Ct. App. 2019
State of Minnesota v. Stephen Forrest Towle Minn. Ct. App. 2019
The Minnesota Supreme Court has “cautioned against the use of exclusively leading questions to establish a proper factual basis for a guilty plea.” (citations omitted).
State of Minnesota v. Travers Davel McDaniel Minn. Ct. App. 2019
And the supreme court has “cautioned against the use of exclusively leading questions to establish a proper factual basis for a guilty plea.” Lussier v. State , (citations omitted); see also Raleigh, d at 94.
State of Minnesota v. Luis Alberto Bravomorales Minn. Ct. App. 2019
State of Minnesota v. Ozell Ellis Lashaun Hardy Minn. Ct. App. 2018
State of Minnesota v. Geovany Gonzalez Bernia Minn. Ct. App. 2018
State of Minnesota v. Elwin Louis Klimek Minn. Ct. App. 2018
Thus, a “p lea petition and colloquy may be supplemented by other evidence to establish the factual basis for a plea.”
State of Minnesota v. Todd Allan Wenner Minn. Ct. App. 2018
State of Minnesota v. Michael Travis Porter Minn. Ct. App. 2018
State of Minnesota v. Renae Dawn Kramer Minn. Ct. App. 2018
Eric John Henderson-Bey v. State of Minnesota Minn. Ct. App. 2018
Matthew Roy Woller v. State of Minnesota Minn. Ct. App. 2017
Lussier v. State , (quotations omitted).
State of Minnesota v. Bobby Joe Houle Minn. Ct. App. 2017
Trott, d at 252; d 375, 381 (Minn. App. 2010), review denied (Minn. June 15, 2010).
State v. Mikulak 903 N.W.2d 600 Minn. 2017
State v. Mikulak 903 N.W.2d 600 Minn. 2017
Although a plea petition and colloquy may be supplemented by other evidence to establish the .factual basis for a guilty plea, a factual basis is inadequate “when the defendant makes statements that negate an essential element of the charged crime because such statements are inconsistent with a plea of guilty,”
State of Minnesota, vs Floyd Erik Hyde Minn. Ct. App. 2017
State of Minnesota v. Anthony Arthur Rathbun Minn. Ct. App. 2017
While the law disfavors the use of leading questions to establish the factual basis for a plea, such a plea will nevertheless be upheld “if the record contains sufficient evidence to support the conviction.” (quotation omitted).
State of Minnesota v. Matthew Michael Schirmer Minn. Ct. App. 2017
And while it is accurate that Schirmer never explicitly stated in the factual basis of his plea that his possession of methamphetamine was unlawful , a “plea petition and colloquy may be supplemented by other evidence to establish the factual basis for a plea.”
State of Minnesota v. Tiffany Lynn Lambert Minn. Ct. App. 2017
at 94; see also Lussier v. State , (A plea “may be supplemented by other evidence to establish the factual basis .”); Sanchez, d at 289 (noting that the court examines the record when faced with a deficient factual basis for a plea).
State of Minnesota v. Gregory Lee Boulduc Minn. Ct. App. 2017
While appellant did not state that he in tentionally or voluntarily escaped from custody, “the plea petition an d colloquy may be supplemen ted by other evidence to establish the factual basis for a plea.”
State of Minnesota v. Gila Angela Robertson Minn. Ct. App. 2017
-50 (Minn. 1980) (probation revocation); Lussier v. State , (quotation omitted) (postconviction).
State of Minnesota v. Ryan Jameson Ojibway Minn. Ct. App. 2017
We will reverse a decision of the postconviction court only if that court abused its discretion.” (quotation omitted).
State v. Fraga 898 N.W.2d 263 Minn. 2017
State v. Fraga 898 N.W.2d 263 Minn. 2017
(stating that under the first-degree murder statute the actions that cause the victim’s death must show an extreme indifference to human life).
State of Minnesota v. Bobby Joe Houle Minn. Ct. App. 2017
State of Minnesota v. Ronald James Fairbanks Minn. Ct. App. 2017
Rather, a defendant should be asked “to express in his own words what happened.”
State of Minnesota v. Robert Nicholas Heinze Minn. Ct. App. 2017
Lussier v. State , 86 n.2 (Minn. 2012); see Minn. R. Crim.