Cited by
Opinions in Minnesota that cite Lussier v. State, 821 N.W.2d 581.
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Malik Jordan Olsen, petitioner, Appellant, Minn. Ct. App. 2019
- Erick Lamont Lindsey, petitioner, Appellant, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Markhel D. Franklin, petitioner, Appellant, Minn. Ct. App. 2019
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A18-1615
Minn. Ct. App. 2019
.” (“A motion to withdraw a plea after sentencing must be raised in a postconviction petition.”), aff’d
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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Kelsey Anna Ballman, petitioner, Appellant,
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).
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Mary Kate Nguyen, petitioner, Appellant,
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, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
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.”
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State of Minnesota, Respondent,
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); (
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Michael Opeoluwa Adebayo, petitioner, Appellant,
Minn. Ct. App. 2019
An accurate plea must be established on a
- Ryan David Avalon, petitioner, Appellant, Minn. Ct. App. 2019
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Veterine Nicole McGhee, petitioner, Appellant,
Minn. Ct. App. 2019
(plea petition and discussion may be supplemented by other evidence to establish factual basis necessary for guilty plea).
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State of Minnesota, Respondent,
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).
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
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).
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- Eric John Henderson-Bey, petitioner, Appellant, Minn. Ct. App. 2018
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Matthew Roy Woller, petitioner, Appellant,
Minn. Ct. App. 2017
Lussier v. State , (quotations omitted).
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State of Minnesota, Respondent,
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
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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, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
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).
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State of Minnesota, Respondent,
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.”
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State of Minnesota, Respondent,
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).
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State of Minnesota, Respondent,
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.”
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A17-0040
Minn. Ct. App. 2017
-50 (Minn. 1980) (probation revocation); Lussier v. State , (quotation omitted) (postconviction).
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State of Minnesota, Respondent,
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
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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, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Rather, a defendant should be asked “to express in his own words what happened.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Lussier v. State , 86 n.2 (Minn. 2012); see Minn. R. Crim.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Under the manifest-injustice standard, a defendant may not withdraw a guilty plea “if the record contains sufficient evidence to support the conviction.” Lussier v. State , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
If the defendant’s admissions are weak, the “plea petition and colloquy may be supplemented by other evidence” in the district court record, such as the complaint, potential exhibits, and a pre-sentence investigation report, “to establish the factual basis for the plea.” (relying on a grand- jury transcript in district court record to establish factual basis for guilty plea); Trott, 338 d at 252 (relying on complaint and photo exhibits in district court record to establish factual basis for guil