Cited by
Opinions in Minnesota that cite State v. Garibaldi, 726 N.W.2d 823.
- In the Matter of the Civil Commitment of: Michael Benson Minn. 2024
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In the Matter of the Civil Commitment of: Michael Benson
Minn. 2024
–31 (Minn. App. 2007) (collecting cases).
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State of Minnesota v. Gerald Willy Dixon
Minn. Ct. App. 2023
But a waiver of the right to counsel may still be valid “if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel.”
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State of Minnesota v. Aaron Lee Gant
Minn. Ct. App. 2023
(recognizing that, in previous cases affirming waiver of counsel despite the district court’s failure to conduct on-the-record colloquy on the decision, the defendants had “either extensive contact with defense attorneys or stand-by counsel or both”).
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State of Minnesota v. Maria Epifania Lopez
Minn. Ct. App. 2023
Moreover, “[w]hen a defendant has consulted with an attorney prior to waiver, a trial court could ‘reasonably presume that the benefits of legal assistance and the risks of proceeding without it had been described to defendant in detail by counsel.’” Worthy, d at 276 (); (observing that Minnesota’s appellate courts have upheld waivers of counsel despite inadequate on-the-record inquires when defendants have had “either extensive contact with defense attorneys or stand-by counsel or both”).
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State of Minnesota v. Gerald Willy Dixon
Minn. Ct. App. 2023
8 (recognizing that, in previous cases affirming waiver of counsel despite the district court’s failure to conduct on- the-record colloquy on the decision, the defendants had “either extensive contact with defense attorneys or stand-by counsel or both”).
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State of Minnesota v. Tevin Marcel Bellaphant
Minn. Ct. App. 2023
But a waiver of the right to counsel may still be constitutionally valid even if the waiver is not in writing “if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel.” State v. Haggins , see State v. Garibaldi
- Distinguished Kyle Lawrence Shepperson v. State of Minnesota Minn. Ct. App. 2022
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David William Reynolds v. State of Minnesota
Minn. Ct. App. 2021
Finally, although appellant never had independent counsel advise him regarding waiver, (considering appellant’s opportunity to discuss waiver with independent counsel in determining validity of waiver), the prosecutor twice discussed self-representation with appellant.
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State of Minnesota v. Troy James Bonkowske
Minn. Ct. App. 2021
Worthy, d at 276; d 823, 828 (Minn. App. 2007).
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State of Minnesota v. Brian Scott Labs
Minn. Ct. App. 2021
See State v. Garibaldi , (recognizing that in previous cases affirming waiver of counsel despite the district court’s failure to conduct on -the-record colloquy on the decision, the defendants had “either extensive contact with defense attorneys or stand-by counsel or both”).
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State of Minnesota v. Cedric Antonio English
Minn. Ct. App. 2021
(recognizing that in previous cases affirming waiver of counsel despite district court’s failure to conduct on-the-record colloquy on the decision, th e defendants had “either exte nsive contact with defense attorneys or stand-by counsel or both”).
- Casimir Robert Krithers v. State of Minnesota Minn. Ct. App. 2020
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State of Minnesota v. Brian Anthony Varnado
Minn. Ct. App. 2020
1(4); see also State v. Jones , (stating that appointment of standby counsel is discretionary); State v. Garibaldi , (suggesting that the consequences of a district court’s failure to adhere to waiver of counsel rules may be mitigated by the appointment of an advisory counsel).
- Omar Kwabena Walford v. State of Minnesota Minn. Ct. App. 2020
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State of Minnesota v. Omar Kwabena Walford
Minn. Ct. App. 2020
(stating that “a denial of the right to counsel does not require a showing of prejudice to obtain reversal.”).
- State of Minnesota v. Antonio Lareco Jones Minn. Ct. App. 2020
- State of Minnesota v. Anthony Lee Nelson Minn. Ct. App. 2019
- Explained State of Minnesota v. Dwight Lee Docken Minn. Ct. App. 2019
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State of Minnesota v. Miyo Marchon-Montine Alexander
Minn. Ct. App. 2019
In arguing for a contrary conclusion, Alexander relies heavily on this court’s
- State of Minnesota v. Hiram Abdul Langston Minn. Ct. App. 2018
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State of Minnesota v. Phillip Andrew Jones
Minn. Ct. App. 2018
Garibaldi, -31 (Minn. App. 2007).
- State of Minnesota v. David John Young Minn. Ct. App. 2016
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State of Minnesota v. David John Young
Minn. Ct. App. 2016
d 823 (Minn. App. 2007).
- State v. Rhoads 802 N.W.2d 794 Minn. Ct. App. 2011
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State v. Rhoads
802 N.W.2d 794
Minn. Ct. App. 2011
This court reviews a defendant’s waiver of his right to counsel to determine whether the “record supports a determination that [the defendant] knowingly, voluntarily, and intelligently waived his right to counsel.”
- State v. Haggins 798 N.W.2d 86 Minn. Ct. App. 2011
- State v. Haggins 798 N.W.2d 86 Minn. Ct. App. 2011