Cited by
Opinions in Minnesota that cite State v. Theis, 742 N.W.2d 643.
- State of Minnesota v. Michael Robert Robinson Minn. Ct. App. 2015
- State of Minnesota v. Timothy Francis Holt Minn. Ct. App. 2015
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State of Minnesota v. Timothy Francis Holt
Minn. Ct. App. 2015
A strong factual basis ensures that the defendant does not plead “guilty to a more serious offense than he could be convicted of were he to insist on his right to trial.” (quotation omitted).
- Scott Andrew Marcucci v. State of Minnesota Minn. Ct. App. 2015
- Scott Andrew Marcucci v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Joe Maria Vento Minn. Ct. App. 2015
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State of Minnesota v. Joe Maria Vento
Minn. Ct. App. 2015
Although the fair and just standard “is less demanding than the manifest injustice standard, it does not allow a defendant to withdraw a guilty plea for simply any reason.” (quotation omitted).
- State of Minnesota v. Sheikh Nyane Minn. Ct. App. 2015
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State of Minnesota v. Sheikh Nyane
Minn. Ct. App. 2015
(citing North Carolina v. Alford, 400 U.S. 25, 37, 91 S. Ct. 160, 167 (1970)); -61 (Minn. 1977) (recognizing the use of Alford pleas in Minnesota).
- State of Minnesota v. Matthew Joseph Knebel Minn. Ct. App. 2015
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State of Minnesota v. Matthew Joseph Knebel
Minn. Ct. App. 2015
But “[a] defendant does not have an absolute right to withdraw a valid guilty plea.”
- Robert William Silker v. State of Minnesota Minn. Ct. App. 2015
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Robert William Silker v. State of Minnesota
Minn. Ct. App. 2015
Once a defendant pleads guilty, he “does not have an absolute right to withdraw a valid guilty plea.”
- State of Minnesota v. Andrew Edward Martin Minn. Ct. App. 2015
- Lane Francis Weitzel v. State of Minnesota 868 N.W.2d 276 Minn. Ct. App. 2015
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State of Minnesota v. Andrew Edward Martin
Minn. Ct. App. 2015
“[C]areful 2 scrutiny of the factual basis for the plea is necessary within the context of an Alford plea because of the inherent conflict in pleading guilty while maintaining innocence.” -49 (Minn. 2007).
- Lane Francis Weitzel v. State of Minnesota 868 N.W.2d 276 Minn. Ct. App. 2015
- Danny Lee Zinski v. State of Minnesota Minn. Ct. App. 2015
- Ofiong Louis Sanders v. State of Minnesota Minn. Ct. App. 2015
- Danny Lee Zinski v. State of Minnesota Minn. Ct. App. 2015
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Ofiong Louis Sanders v. State of Minnesota
Minn. Ct. App. 2015
A manifest injustice is established if a guilty plea is invalid, which means that the plea is not “accurate, voluntary and intelligent.” (quotation omitted).
- State of Minnesota v. Dale Allen Jones Minn. Ct. App. 2015
- State of Minnesota v. Dale Allen Jones Minn. Ct. App. 2015
- State of Minnesota v. Kevin Trent Johnson 867 N.W.2d 210 Minn. Ct. App. 2015
- State of Minnesota v. Earl Anthony Fry Minn. Ct. App. 2015
- State of Minnesota v. Kevin Trent Johnson 867 N.W.2d 210 Minn. Ct. App. 2015
- State of Minnesota v. Earl Anthony Fry Minn. Ct. App. 2015
- Dustin Alan Edsill v. State of Minnesota Minn. Ct. App. 2015
- Dustin Alan Edsill v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Ann Adrion Schoch Minn. Ct. App. 2015
- State of Minnesota v. Ann Adrion Schoch Minn. Ct. App. 2015
- Luis Esteban Pliego Cortes v. State of Minnesota Minn. Ct. App. 2015
- Luis Esteban Pliego Cortes v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Chauncey Lanell Jackson Minn. Ct. App. 2015
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State of Minnesota v. Chauncey Lanell Jackson
Minn. Ct. App. 2015
But the Minnesota Rules of Criminal Procedure allow a defendant to withdraw a guilty plea if “withdrawal is necessary to correct a manifest injustice,” or if the “defendant proves it is fair and just to do so.”
- State of Minnesota v. Harry Maddox, III Minn. Ct. App. 2015
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State of Minnesota v. Harry Maddox, III
Minn. Ct. App. 2015
“[C]areful scrutiny of the factual basis for the plea is necessary within the context of an Alford plea because of the inherent conflict in pleading guilty while maintaining innocence.” -49 (Minn. 2007).
- State of Minnesota v. Eric Peter Elijio Minn. Ct. App. 2015
- State of Minnesota v. Eric Peter Elijio Minn. Ct. App. 2015
- State of Minnesota v. Charles Chuck Jackson Minn. Ct. App. 2015
- State of Minnesota v. Charles Chuck Jackson Minn. Ct. App. 2015
- Abshir Abtidon Barrow v. State of Minnesota 862 N.W.2d 686 Minn. 2015
- Abshir Abtidon Barrow v. State of Minnesota 862 N.W.2d 686 Minn. 2015
- Emmanuel Osei v. State of Minnesota Minn. Ct. App. 2015
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Emmanuel Osei v. State of Minnesota
Minn. Ct. App. 2015
(“A proper factual basis must be established for a guilty plea to be accurate.” (quotation omitted)).
- Jason Donald Matakis v. State of Minnesota 862 N.W.2d 33 Minn. 2015
- Jason Donald Matakis v. State of Minnesota 862 N.W.2d 33 Minn. 2015
- Robel Belay Kubrom v. State of Minnesota 863 N.W.2d 88 Minn. Ct. App. 2015
- Robel Belay Kubrom v. State of Minnesota 863 N.W.2d 88 Minn. Ct. App. 2015
- Lynell Richard Ellison v. State of Minnesota Minn. Ct. App. 2015