Cited by
Opinions in Minnesota that cite Opsahl v. State, 710 N.W.2d 776.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Because the district court “is in a unique position to assess witness credibility” in postconviction proceedings, we must accord the district court “considerable deference in this regard.”
- Lance Arnold Kingbird, petitioner, Appellant, Minn. Ct. App. 2023
- Thomas Robert Tichich, petitioner, Appellant, Minn. Ct. App. 2023
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George Cornelius Watkins, petitioner, Appellant,
Minn. Ct. App. 2022
( concluding that “a simple statement contradicting earlier testimony is not sufficient” to satisfy the first prong of the Larrison test).
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Larry Jonnell Gilbert, petitioner, Respondent,
Minn. Ct. App. 2022
(holding that the postconviction court did not abuse its discretion when it determined that it was not well satisfied that any witness gave false testimony at trial).
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Jetaun Helen Wheeler, petitioner, Appellant,
Minn. Ct. App. 2020
(“[O]ur standard of review reminds us that the postconviction court is in a unique position to assess witness credibility, and we must therefore give the postconviction court considerable deference in this regard.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
But “our standard of review reminds us that the postconviction court is in a unique position to assess witness credibility, and we must therefore give the postconviction court considerable deference in this regard.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- A18-2039 Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
First, under the first Larrison prong, the “court must be reasonably certain that the alleged recantation is genuine.” d 776, 782 (Minn. 2006) (quotation omitted) (Opsahl II).
- Brown v. State 895 N.W.2d 612 Minn. 2017
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Brown v. State
895 N.W.2d 612
Minn. 2017
Thus, because the State’s conduct in addressing D.M.’s alleged recantation did not constitute improper intimidation, the postconviction court did not abuse its discretion by denying Brown’s claim.
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A16-0648
Minn. 2017
Thus, because the State’s conduct in addressing D.M.’s alleged recantation did not constitute improper intimidation , the postconviction court did not abuse its discretion by denying Brown’s claim.
- Seth Clayton Francis Crawford v. State of Minnesota Minn. Ct. App. 2017
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Seth Clayton Francis Crawford v. State of Minnesota
Minn. Ct. App. 2017
Because “the postconviction court is in a unique position to assess witness credibility,” we “give the postconviction court considerable deference.”
- Rene Julian McKenzie v. State of Minnesota 872 N.W.2d 865 Minn. 2015
- Rene Julian McKenzie v. State of Minnesota 872 N.W.2d 865 Minn. 2015
- LaMonte Rydell Martin v. State of Minnesota 865 N.W.2d 282 Minn. 2015
- LaMonte Rydell Martin v. State of Minnesota 865 N.W.2d 282 Minn. 2015
- State of Minnesota v. Tony Don Minn. Ct. App. 2015
- State of Minnesota v. Tony Don Minn. Ct. App. 2015
- State of Minnesota v. Thomas Joseph McManus Minn. Ct. App. 2014
- State of Minnesota v. Thomas Joseph McManus Minn. Ct. App. 2014
- State of Minnesota v. Juan Jasso, Jr. Minn. Ct. App. 2014
- State of Minnesota v. Juan Jasso, Jr. Minn. Ct. App. 2014
- Lincoln Lamar Caldwell v. State of Minnesota 853 N.W.2d 766 Minn. 2014
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Lincoln Lamar Caldwell v. State of Minnesota
853 N.W.2d 766
Minn. 2014
Cf. Opsahl v. State (Opsahl II), (holding that relief was unavailable in part because some recanting witnesses “reversed any recantation they may have made” and others “claim[ed] merely that they did not give a full explanation of their testimony at trial”).
- Hooper v. State 838 N.W.2d 775 Minn. 2013
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Hooper v. State
838 N.W.2d 775
Minn. 2013
We have consistently emphasized that “the postconviction court is in a unique position to assess witness credibility.”
- McDonough v. State 827 N.W.2d 423 Minn. 2013
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McDonough v. State
827 N.W.2d 423
Minn. 2013
Based on the court’s findings and the “considerable deference” we give to a postconviction court’s credibility determinations, we conclude that the court did not abuse its discretion when it denied McDonough’s claim of newly discovered evidence.
- Martin v. State 825 N.W.2d 734 Minn. 2013
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Martin v. State
825 N.W.2d 734
Minn. 2013
Opsahl v. State (Opsahl II)
- Evans v. State 788 N.W.2d 38 Minn. 2010
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Evans v. State
788 N.W.2d 38
Minn. 2010
-83 (Minn.2006) (explaining that it was unnecessary to consider the second and third prongs of Larrison where the petitioner failed to satisfy the first prong).
- Doppler v. State 771 N.W.2d 867 Minn. 2009
- Doppler v. State 771 N.W.2d 867 Minn. 2009
- Vance v. State 752 N.W.2d 509 Minn. 2008
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Vance v. State
752 N.W.2d 509
Minn. 2008
Opsahl v. State (Opsahl II), ().
- State v. Caine 746 N.W.2d 339 Minn. 2008
- State v. Caine 746 N.W.2d 339 Minn. 2008
- Pippitt v. State 737 N.W.2d 221 Minn. 2007
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Pippitt v. State
737 N.W.2d 221
Minn. 2007
Thus, the first prong of the Larrison test is not met by “a simple statement contradicting earlier testimony.” Opsahl v. State (Opsahl II)
- Fields v. State 733 N.W.2d 465 Minn. 2007
- Fields v. State 733 N.W.2d 465 Minn. 2007
- State v. Turnage 729 N.W.2d 593 Minn. 2007
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State v. Turnage
729 N.W.2d 593
Minn. 2007
Opsahl v. State (Opsahl III)
- Wilson v. State 726 N.W.2d 103 Minn. 2007
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Wilson v. State
726 N.W.2d 103
Minn. 2007
Opsahl v. State (Opsahl III)