Cited by
Opinions in Minnesota that cite Schleicher v. State, 718 N.W.2d 440.
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Michael Adam Davis v. State of Minnesota
Minn. Ct. App. 2026
The Knaffla bar “applies even in postconviction proceedings raising constitutional issues of criminal procedure.”
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Sean William Roulo, petitioner, Appellant,
Minn. Ct. App. 2026
1 (codifying the same rule for “grounds that could have been raised on direct 6 appeal”).1 The Knaffla bar “applies even in postconviction proceedings raising constitutional issues of criminal procedure.” (quotation omitted).
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Cortez Deon Banks, petitioner, Appellant,
Minn. Ct. App. 2026
7 The Minnesota Supreme Court has held that an “appellate counsel’s failure to raise meritless claims does not constitute deficient performance.” Schleicher v. State
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
To prevail on an ineffective-assistance-of-counsel claim, a petitioner must first show that their representation “fell below an objective standard of reasonableness.” (quoting Strickland v. Washington, 466 U.S. 668, 687- 88 (1984)).
- State of Minnesota v. Jeremy Louis Burrell Minn. Ct. App. 2026
- State of Minnesota v. Jeremy Louis Burrell Minn. Ct. App. 2026
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Douglas Allan Treu, petitioner, Appellant,
Minn. Ct. App. 2025
This exception applies to claims for ineffective assistance of counsel “when the court needs to conduct additional fact -finding to consider the claim on its merits.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“A court may address the two prongs of the test in any order and may dispose of the claim on one prong 4 without analyzing the other.” Schleicher v. State , .
- State of Minnesota v. Atravius Joseph Weeks Minn. 2025
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State of Minnesota v. Atravius Joseph Weeks
Minn. 2025
(noting that issues not raised in a petition for postconviction relief cannot be raised on appeal).
- Michael Edmund Richmond, petitioner, Appellant, vs. State of Minnesota, Respondent Minn. Ct. App. 2025
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Michael Edmund Richmond, petitioner, Appellant, vs. State of Minnesota, Respondent
Minn. Ct. App. 2025
Moreover, “[i]t is well settled that a party may not raise issues for the first time on appeal from denial of postconviction relief.” (quotations omitted).
- Christopher Lee Konakowitz v. State of Minnesota Minn. Ct. App. 2025
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Christopher Lee Konakowitz v. State of Minnesota
Minn. Ct. App. 2025
“A court may address the two prongs of the test in any order and may dispose of the claim on one prong without analyzing the other.”
- Ricky Darnell Waiters, Appellant, vs. State of Minnesota, Respondent Minn. 2025
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Ricky Darnell Waiters, Appellant, vs. State of Minnesota, Respondent
Minn. 2025
“ ‘It is well settled that a party may not raise issues for the first time on appeal’ from denial of postconviction relief.” (); d 499, 502 (Minn. 2007) (declining to consider an argument that the postconviction petitioner did not raise before the district court).
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Eric Dow Johnson, petitioner, Appellant,
Minn. Ct. App. 2025
Additionally, “claims asserted in a second or subsequent postconviction petition are procedurally barred if they could have been raised on direct appeal or in the first postconviction petition.”
- Nantambu Noah Kambon, Appellant, vs. State of Minnesota, Respondent Minn. 2025
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Nantambu Noah Kambon, Appellant, vs. State of Minnesota, Respondent
Minn. 2025
(noting that issues not raised in a petition for postconviction relief cannot be raised on appeal).
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A23-0588
Minn. 2024
“A court may address the two prongs of the test in any order and may dispose of the claim on one prong without analyzing the other.”
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Duke Ogeto Maroko, petitioner, Appellant,
Minn. Ct. App. 2024
(“It is well settled that a party may not raise issues for the first time on appeal from denial of postconviction relief.” (quotations omitted)).
- Alan Joseph Zakrajshek v. State of Minnesota Minn. Ct. App. 2024
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Alan Joseph Zakrajshek v. State of Minnesota
Minn. Ct. App. 2024
“It is well settled that a party may not raise issues for the first time on appeal from denial of postconviction relief.” (quotations omitted).
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Stephen Carl Allwine,
Minn. 2023
(noting that issues that are not raised in a petition for postconviction relief cannot be raised on appeal); –20 (Minn. 2014) (holding that challenges consisting of “factual assertions with no support in the record and conclusory declarations detached from
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In the Matter of the Civil Commitment of: Michael Benson.
Minn. Ct. App. 2023
“A court may address the two prongs of the test in any order and may dispose of the cl aim on one prong without analyzing the other.” .
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, A22-0290
Minn. 2023
“A court may address the two prongs of the test in any order and may dispose of the claim on one prong without analyzing the other.”
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Thomas Robert Tichich, petitioner, Appellant,
Minn. Ct. App. 2023
“A court may address the two prongs of the test in any order and may di spose of the claim on one prong without analyzing the other.”
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, A22-0057
Minn. 2022
To justify holding a hearing to consider the allegedly newly discovered evidence, the evidence must be more than mere “argumentative assertions without factual support,” (citation omitted) (internal quotation marks omitted).
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Stephen Dontrail Thornton, petitioner, Appellant,
Minn. Ct. App. 2022
A court may address the two prongs “in any order and may dispose of the claim on one prong without analyzing the other.” Schleicher v. State
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
A motion to dismiss appellant’s charges based on the 2001 police investigation would therefore have failed, see Schleicher v. State , (rejecting ineffective -assistance-of-counsel claim when asserted defense would have failed on merits) , and thus a ppellant cannot meet the “performance” prong of the Strickland test.
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Charles Earl Strother, petitioner, Appellant,
Minn. Ct. App. 2022
(instructing th at procedural bar applies to claims that could have been raised in previous appeal).
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Pao Choua Xiong, petitioner, Appellant,
Minn. Ct. App. 2021
“It is well settled that a party may not raise issues for the first time on appeal from denial of postconviction relief.” (determining an appellant’s claims raised for the first time on appeal are forfeited).
- Mo Savoy Hicks, petitioner, Appellant, Minn. Ct. App. 2021
- Aka Lawrence Fualefeh, petitioner, Appellant, Minn. Ct. App. 2021
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Scott Arlen Lange, petitioner, Appellant,
Minn. Ct. App. 2021
We review a postconviction court’s determinations of legal issues de novo.” - 45 (Minn. 2006) (quotations and citations omitted).
- Kevin Scott Smith, petitioner, Appellant, Minn. Ct. App. 2020
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Igor Pavlovich Albantov, petitioner, Appellant,
Minn. Ct. App. 2020
No Knaffla exception applies because i neffective-assistance grounds are not novel, –48 (Minn. 2006), and the interests of justice do not warrant review.
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David Laurence Hodges, petitioner, Appellant,
Minn. Ct. App. 2020
The first exception is not present here because“[a]n ineffective [-]assistance[-]of- counsel claim is not a novel legal claim.” Schleicher v. State , -48 (Minn. 2006).
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Minn. 2020
“This procedural bar applies even in postconvictio n proceedings raising constitutional issues of criminal procedure.” Ferguson v. State
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Nathan Christopher Braun, petitioner, Appellant,
Minn. Ct. App. 2020
Generally, we will not consider issues raised for the first time on appeal, and “[i]t is well settled that a party may not raise issues for the first time on appeal from denial of postconviction relief.” (refusing to decide postconviction claims raised for the first time on appeal) (); (“We will not address [an] argument for the first time on appeal from a postconviction petition.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(stating reviewing court may dispose of an ineffective-assistance- of-counsel claim on one pro ng without analyzing the other).
- Malik Jordan Olsen, petitioner, Appellant, Minn. Ct. App. 2019
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Deon Lashawn Mallett, petitioner, Appellant,
Minn. Ct. App. 2019
d 499, 502 (Minn. 2007); -47 (Minn. 2005).
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Reginald Oranz Calhoun, Petitioner, Appellant,
Minn. Ct. App. 2019
“A c ourt may address the two prongs of the test in any order and may dispose of the claim on one prong without analyzing the other.” Schleicher v. State
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Michael Opeoluwa Adebayo, petitioner, Appellant,
Minn. Ct. App. 2019
The reasonableness of an attorney ’s performance is measured aga inst the “representation by an attorney e xercising the customary skills and diligence that a reasonably competent attorney wou ld perform under similar circu mstances.” (quotation omitted).
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Ernesto Reyes-Alcazar, petitioner, Appellant,
Minn. Ct. App. 2019
See Schleicher v. State , (concluding petitioner’s ineffective-assistance-of-postconviction-counsel claim was properly raised on appeal from denial of first petition for postconviction relief); (holding that ineffective-assistance-of-trial-counsel claim must be rai
- Jackson v. State 919 N.W.2d 470 Minn. 2018
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Jackson v. State
919 N.W.2d 470
Minn. 2018
Lynch v. State , , 321 (Minn. 2008) (quoting Schleicher v. State , , 445 (Minn. 2006) ).
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Dominique Salatheia Williams, petitioner, Appellant,
Minn. Ct. App. 2018
Accordingly, Williams has not overcome t he “strong presumption that counsel’s performance was reasonable.” (quotation omitted ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“An attorney’s failure to raise meritless claims does not constitute deficient performance and cannot provide the basis for a claim of ineffective assistance.” ().