Cited by
Opinions in Minnesota that cite James v. State, 699 N.W.2d 723.
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State of Minnesota v. Sheikh Nyane
Minn. Ct. App. 2015
“When a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.” (quotation omitted) (stating that the government’s breach of such a promise violates due process).
- James Darnell Posey v. State of Minnesota Minn. Ct. App. 2015
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James Darnell Posey v. State of Minnesota
Minn. Ct. App. 2015
We review the interpretation and enforcement of plea agreements de novo, but “[d]etermining what the parties agreed to in a plea bargain is a factual inquiry for the postconviction court to resolve.” (quotation omitted).
- Francisco Herrera Sanchez v. State of Minnesota 868 N.W.2d 282 Minn. Ct. App. 2015
- Francisco Herrera Sanchez v. State of Minnesota 868 N.W.2d 282 Minn. Ct. App. 2015
- Danny Lee Zinski v. State of Minnesota Minn. Ct. App. 2015
- Danny Lee Zinski v. State of Minnesota Minn. Ct. App. 2015
- Kodjo Agbelengeor Anyide-Ocloo v. State of Minnesota Minn. Ct. App. 2015
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Kodjo Agbelengeor Anyide-Ocloo v. State of Minnesota
Minn. Ct. App. 2015
see Minn. Stat. § 590.01 (2014).
- Jacob Stephen Brown v. State of Minnesota 863 N.W.2d 781 Minn. 2015
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Jacob Stephen Brown v. State of Minnesota
863 N.W.2d 781
Minn. 2015
We have held that “[w]hen a criminal defendant seeks to withdraw a guilty plea under Rule 15.05, after the defendant has been sentenced, the motion to withdraw the plea must be raised in a petition for postconviction relief.”
- Hector Martinez v. State of Minnesota Minn. Ct. App. 2015
- Hector Martinez v. State of Minnesota Minn. Ct. App. 2015
- Jeremy Shane Zimmermann v. State of Minnesota Minn. Ct. App. 2015
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Jeremy Shane Zimmermann v. State of Minnesota
Minn. Ct. App. 2015
“When a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.” (alteration and quotation omitted).
- Robel Belay Kubrom v. State of Minnesota 863 N.W.2d 88 Minn. Ct. App. 2015
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Robel Belay Kubrom v. State of Minnesota
863 N.W.2d 88
Minn. Ct. App. 2015
(stating that when a defendant seeks to withdraw a guilty plea after sentencing, the defendant must raise it in a petition for postconviction relief).
- Robyn Lynn Hager v. State of Minnesota Minn. Ct. App. 2015
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Robyn Lynn Hager v. State of Minnesota
Minn. Ct. App. 2015
.” ( (quotation omitted)), review denied (Minn. Oct.
- Alan Alberto Zamora Morales v. State of Minnesota Minn. Ct. App. 2015
- Alan Alberto Zamora Morales v. State of Minnesota Minn. Ct. App. 2015
- Harold David Yaritz v. State of Minnesota Minn. Ct. App. 2015
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Harold David Yaritz v. State of Minnesota
Minn. Ct. App. 2015
“When a criminal defendant seeks to withdraw a guilty plea under Rule 15.05, after the defendant has been sentenced, the motion to withdraw the plea must be raised in a petition for postconviction relief.”
- State of Minnesota v. Jermale Jermar Kling Minn. Ct. App. 2014
- State of Minnesota v. Jermale Jermar Kling Minn. Ct. App. 2014
- Steven Daniel Waldor v. State of Minnesota Minn. Ct. App. 2014
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Steven Daniel Waldor v. State of Minnesota
Minn. Ct. App. 2014
See, (reasoning that plea agreement was induced by unfulfillable promise because defendant was not made aware of applicable mandatory conditional-release term when he entered his guilty plea or when he was sentenced and concluding therefore that plea agreement was not knowingly and understandingly mad
- State of Minnesota v. Charles Chuck Jackson Minn. Ct. App. 2014
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State of Minnesota v. Charles Chuck Jackson
Minn. Ct. App. 2014
16, 1984); (stating that when delay is deliberate and inexcusable, constituting an abuse of the judicial process, there is a sufficient basis to justify denial of relief solely on the basis that the petition is untimely).
- Uselman v. State 831 N.W.2d 690 Minn. Ct. App. 2013
- Uselman v. State 831 N.W.2d 690 Minn. Ct. App. 2013
- Vazquez v. State 822 N.W.2d 313 Minn. Ct. App. 2012
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Vazquez v. State
822 N.W.2d 313
Minn. Ct. App. 2012
We note that the supreme court has held that, when a defendant seeks to withdraw his guilty plea after sentencing, “the motion to withdraw the plea must be raised in a petition for postconviction relief.”
- Lussier v. State 821 N.W.2d 581 Minn. 2012
- Lussier v. State 821 N.W.2d 581 Minn. 2012
- Carlton v. State 816 N.W.2d 590 Minn. 2012
- State v. Lopez 794 N.W.2d 379 Minn. Ct. App. 2011
- State v. Lopez 794 N.W.2d 379 Minn. Ct. App. 2011
- State v. Batchelor 786 N.W.2d 319 Minn. Ct. App. 2010
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State v. Batchelor
786 N.W.2d 319
Minn. Ct. App. 2010
A guilty plea is involuntary when it rests “in any significant degree” on an unfulfilled or unfulfillable promise, “including a promise of a sentence unauthorized by law.” -29 (Minn.2005) (quotations omitted).
- Oldenburg v. State 763 N.W.2d 655 Minn. Ct. App. 2009
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Oldenburg v. State
763 N.W.2d 655
Minn. Ct. App. 2009
-20 (Minn.2003); -73 (Minn.2000)
- Williams v. State 760 N.W.2d 8 Minn. Ct. App. 2009
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Williams v. State
760 N.W.2d 8
Minn. Ct. App. 2009
“The voluntariness requirement insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
- State v. Hughes 758 N.W.2d 577 Minn. 2008
- State v. Hughes 758 N.W.2d 577 Minn. 2008
- State v. Jedlicka 747 N.W.2d 580 Minn. Ct. App. 2008
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State v. Jedlicka
747 N.W.2d 580
Minn. Ct. App. 2008
-28 (Minn.2005), the supreme court considered the merits of a postconvietion petition to challenge a *585 plea where the petition was filed 39 months after conviction, but the petitioner had not been informed of a statutorily-required term of conditional release at the time of the plea.
- Anderson v. State 746 N.W.2d 901 Minn. Ct. App. 2008
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Anderson v. State
746 N.W.2d 901
Minn. Ct. App. 2008
The court has also found manifest injustice when the defendant agreed to a specific sentence but did not receive notice until after sentencing that a conditional release term would be imposed, -30 (Minn.2005), when the defendant and the state were mutually mistaken as to the defendant’s criminal history score, -35 (Minn. 1988), and when the district court declines to give a plea agreement effect, State v. Loyd, 291 Minn. 528, 531