Cited by
Opinions in Minnesota that cite Opsahl v. State, 677 N.W.2d 414.
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State of Minnesota v. Casey Lee Frankl
Minn. Ct. App. 2024
The “objective standard is defined as ‘representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
1 In his pro se brief, Marrison claims that he received ineffective assistance of counsel because of “counsel’s lack of investigation and hiring of an expert witness.” Marrison’s claim is not persuasive because appellate courts “generally will not review attacks on counsel’s trial strategy.” (“[t]he extent of counsel’s investigation is considered a part of trial strategy); (rejecting an ineffective-assistance- of-counsel claim that counsel failed to hire an investigator and interview witnesses).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
The “objective standard is defined as ‘representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.’” Opsahl v. 6 State, ().
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Jamie Allen Andrews, petitioner, Appellant,
Minn. Ct. App. 2023
ict court must hold an evidentiary hearing on a petition for postconviction relief “[u]nless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief.” The Minnesota Supreme Court has “interpreted this section to re quire the petitioner to allege facts that, if proven, would entitle him to the requested relief.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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In the Matter of the Civil Commitment of: Dana John Thompson.
Minn. Ct. App. 2023
As to Thompson’s first argument— that his counsel’s performance was deficient due to a failure to object and ask questions—decisions concerning which questions to ask and which objections to make are considered matters of trial strategy, and appellate courts “generally ‘will not review attacks on counsel’s trial strategy.’” Johnson, d at 657 ().
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, A22-0290
Minn. 2023
The reasonableness of an attorney’s performance is judged by an objective standard based on “the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” (citation omitted) (internal quotation marks omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
State v. Allwine , n.19 (Minn. 2021), (noting that “[u]nder well-established law,” failure to pursue an alternative perpetrator defense “is a matter of trial strategy that we do not scrutinize” (
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Kristopher Lee Roybal, petitioner, Appellant,
Minn. Ct. App. 2023
(stating appellate courts generally do not review issues of trial strategy and declining to review, in part, the depth of counsel’s investigation into alternative suspects); (concluding in part that whether to cross-examine an expert witness was
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- In the Matter of the Welfare of: D. L. N., Child. Minn. Ct. App. 2023
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Robert John Kaiser, petitioner, Respondent,
Minn. Ct. App. 2023
(citing Larrison v. United States, 24 F.2d 82, 87-88 (7th Cir. 1928)).
- Chris Marquis McMorris, petitioner, Appellant, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
While this court “g enerally will not review attacks on counsel’s trial strategy,” counsel’s failure to inquire about Watkins’s intent to kill R.G.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
See Sanchez-Diaz v. State , (stating that appellate courts “will not review ineffective -assistance-of-counsel claims based on trial strategy ); (stating that trial strategy includes extent of counsel’s investigation); (“The determination of which defenses to raise represents an attorney’s trial strategy.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(concluding that “there were sound strategic reasons for Leake’s counsel not to object to the admission of the hearsay”).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Still, appellate courts’ “reluctance to scrutinize trial tactics is grounded in the public policy of allowing counsel to ha ve the flexibility to represent a client to the fullest extent possible.” Opsahl v. State , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, vs. Marcel Dylan Zephier, Appellant. Minn. Ct. App. 2022
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Pao Choua Xiong, petitioner, Appellant,
Minn. Ct. App. 2021
See, –05, 107–08 (Minn. 2007) (granting postconviction hearing where jailhouse informant recanted in writing); –24 (Minn. 2004) (granting postconviction hearing based on affidavits that show a witness had recanted).
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Joseph Christen Thoresen,
Minn. 2021
“Because claims of ineffective assistance of counsel involve mixed questions of law and fact, our review of decisions by the postconviction court is de novo.”
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A20-1588
Minn. 2021
“Because claims of ineffective assistance of counsel involve mixed questions of law and fact, our review of decisions by the postconviction court is de novo.”
- Ronald Lee Schlangen, petitioner, Appellant, Minn. Ct. App. 2021
- 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. 2021
See Nicks, d at 506 (explaining that courts give trial counsel wide latitude to make decision regarding trial strategy) ; (“We have repeatedly stated that we generally will not review attacks on counsel’s trial strategy.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“Our reluctance to scrutinize trial tactics is grounded in the public policy of allowing counsel to have the fl exibility to represent a client to the fullest extent possible.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“The showing required for a petitioner to receive an evidentiary hearing is lower than that required to receive a new trial.” d 414, 423 (Minn. 20 04).
- Kevin Scott Smith, petitioner, Appellant, Minn. Ct. App. 2020
- Justin Michael Fenney, petitioner, Appellant, Minn. Ct. App. 2020
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Kenneth Eugene Andersen,
Minn. 2020
Accordingly, he asserts that the court should have applied either the Rainer test for newly discovered evidence, d at 695, or the Larrison test for false or recanted 6 testimony, Opsahl v. State , –23 (Minn. 2004), when substantively assessing the claims.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(“We are in no position to second-guess counsel’s decision to focus his strategy on other defenses instead of investigating [other] suspects.”); Jones, d at 236 (“Which witnesses to call at trial and what information to present to the 7 jury are questions that lie within the proper dis
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In re the Matter of the Civil Commitment of: Matthew Lee DeRosia.
Minn. Ct. App. 2020
(quoting Opsahl v. State , ).
- A19-0676 Minn. Ct. App. 2020
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Joseph Harvey Bellanger, petitioner, Appellant,
Minn. Ct. App. 2019
A reviewing court generally “will not review attacks on counsel’s trial strategy.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 414, 421 (Minn. 2004).
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Christopher London Walker, petitioner, Appellant,
Minn. Ct. App. 2019
And the supreme court has “repeatedly stated that we generally will not review attacks on counsel’s trial strategy.” Opsahl v. State
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A18-2039
Minn. Ct. App. 2019
’” Opsahl v. State , ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Importantly, “[t]he extent of [trial] counsel’s investigation is considered a part of trial strategy.” Strother argues that his trial counsel was ineffective because trial counsel failed to adequately investigate and failed to present certain pieces of evidence to the jury.
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Johnathan Bernard Edwards, petitioner, Appellant,
Minn. Ct. App. 2019
2 Even if they were not time-barred, Edwards failed to present any evidence showing that trial counsel’s tactics “fell below an objective standard of reasonableness, or that the outcome would have been different.” The supreme court “ha[s] repeatedly stated that we generally will not review attacks on counsel’s trial strategy.” Opsahl v. State
- In re Commitment of Johnson 931 N.W.2d 649 Minn. Ct. App. 2019
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In re Commitment of Johnson
931 N.W.2d 649
Minn. Ct. App. 2019
Opsahl v. State , , 421 (Minn. 2004).
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Michael David Henderson, petitioner, Appellant,
Minn. Ct. App. 2019
y,” and because she did not “accompany[] him during the [presentence investigation] (PSI) process.” As to Henderson’s assert ion that trial counsel unreasonably failed to object to certain testimony and therefore failed to present “the only reasonable argument that [could have] prevailed,” a reviewing court generally “will not review atta cks on counsel’s trial strategy,” Opsahl v. State
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A reviewing court “generally will not review attacks on counsel’s trial strategy.” Opsahl v. 12 State