Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Schaefer, 673 N.W.2d 144.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
evidence if one had been made.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
However, the supreme court may still “address an issue in the interests of justice if addressing the issue will not work an unfair surprise on a party.”
- State of Minnesota v. Quinten Devon Watkins Minn. Ct. App. 2025
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State of Minnesota, Respondent, vs. Abdusalam Omar Hussein, Appellant
Minn. Ct. App. 2025
-33 (Minn. App. 2002) (concluding that trial counsel provided ineffective assistance by failing to move to suppress DNA evidence), rev’d on other grounds
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
10 Appellate courts review claims of ineffective assistance of counsel de novo because they “involve mixed questions of law and fact.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
See 15 (noting that “[a] claim of ineffective assistance of counsel may not rest on the failure of an attorney to make a motion that would have been denied if it had been made”).
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Fidele Ndaruhutse v. State of Minnesota
Minn. Ct. App. 2024
To establish prejudice, Ndaruhutse “must demonstrate a reasonable probability that, but for counsel’s ineffective representation, he would not have entered his plea.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“On the actual prejudice prong, the reviewing court considers all of the evidence before the district court.” d 144, 148 (Minn. 2004).
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Carlos Kendall Duncan, petitioner, Appellant,
Minn. Ct. App. 2023
“A claim of ineffective assistance of counsel may not rest on the failure of an attorney to make a motion that would have been denied if it had been made.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
But “[a] claim of ineffective assistance of counsel may not rest on the failure of an attorney to make a motion that would have been denied if it had been made.” d 144, 148 (Minn. 2004).
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Mario Pedro Moreno, petitioner, Appellant,
Minn. Ct. App. 2022
“A claim of ineffective assistance of counsel may not rest on the failure of an attorney to make a motion that would have been denied if it had been made.” d 144, 148 (Minn. 2004).
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Tescil Romalis Mason-Kimmons, petitioner, Appellant,
Minn. Ct. App. 2022
To establish prejudice, Mason -Kimmons “must demonstrate a reasonable probability that, but for counsel’s ineffective representation, he would not have entered his plea.”
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David William Reynolds, petitioner, Appellant,
Minn. Ct. App. 2021
Johnson v. State , (Johnson I ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
d 144, 150 (Minn. 2004).
- Mitchell Le Dac Ho, petitioner, Appellant, Minn. Ct. App. 2020
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In the Matter of the Welfare of: A. A., Child.
Minn. Ct. App. 2020
cites Johnson v. State , and State v. Grunig , for the proposition that the interests of justice warrant the de novo review of the voluntariness of the confession.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
This rule exists both “to enco urage the development of a factual basis for claims at the district court level,” Johnson v. State , and to “allow the [district] court to correct any alleged errors before a .
- State of Minnesota, Minn. 2020
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Antone Larron Owens, petitioner, Appellant,
Minn. Ct. App. 2019
See Johnson v. State , d 144, 148 (Minn. 2004) (“A claim of ineffective assistance of counsel may not rest on the failure of an attorney to make a motion that would have been denied if it had been made.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- Leiendecker v. Asian Women United of Minnesota 895 N.W.2d 623 Minn. 2017
- State of Minnesota v. Philip Lee Carlson Minn. Ct. App. 2016
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Jeffrey Edward Morey v. State of Minnesota
Minn. Ct. App. 2016
“In cases in which the [defendant] pleads guilty, the [defendant] must demonstrate a reasonable probability that, but for counsel’s ineffective representation, he would not have entered his plea.”
- State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent. 869 N.W.2d 863 Minn. 2015
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State of Minnesota v. Mahdi Hassan Ali
855 N.W.2d 235
Minn. 2014
(“One purpose of this rule is to encourage the development of a factual basis for claims at the district court level.”).
- State of Minnesota v. Toby Earl Johnson 851 N.W.2d 60 Minn. 2014
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State v. Montermini
819 N.W.2d 447
Minn. Ct. App. 2012
(addressing whether the state waived an argument).
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State v. Gauster
752 N.W.2d 496
Minn. 2008
“One purpose of this rule is to encourage the development of a factual basis for claims at the district court level.”
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State v. Jackson
741 N.W.2d 146
Minn. Ct. App. 2007
149 n. 7 (Minn.2004) (expressly stating that the court is not reaching the question of whether Minn.Stat.
- State v. Kouba 709 N.W.2d 299 Minn. Ct. App. 2006
- State v. Foreman 680 N.W.2d 536 Minn. 2004
- State v. Heaney 676 N.W.2d 698 Minn. Ct. App. 2004