Cited by
Opinions in Minnesota that cite Erickson v. State, 725 N.W.2d 532.
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Mark Scott Hendrickson, petitioner, Appellant,
Minn. Ct. App. 2025
see also Minn. Stat. § 611.14(2) (2024).
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Remona Lysa Brown, petitioner, Appellant,
Minn. Ct. App. 2025
d 532, 535 (Minn. 2007).
- Anthony Scott David Auginaush, petitioner, Appellant, Minn. Ct. App. 2023
- John Thomas Owen, petitioner, Appellant, Minn. Ct. App. 2022
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William Dumont White, petitioner, Appellant,
Minn. Ct. App. 2021
“A petitioner seeking postconvi ction relief has the burden of establishing by a fair preponderance of the evidence that the facts warrant relief.” Erickson v. State , (quotation omitted).
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John Stephen Woodward, petitioner, Appellant,
Minn. Ct. App. 2021
” Erickson v. State , (Minn. 11 Accordingly, the postconviction court acted well within its discretion in denying Woodward’s petition as both time- and Knaffla-barred.
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Lawrence Silas Kostohryz, petitioner, Appellant,
Minn. Ct. App. 2021
The state argues that the denial of postconviction relief was proper “because appellant failed to meet his affirmative burden to prove that he received constitutionally ineffective assistance of counsel.” “A petitioner seeking postconviction relief has the burden of establishing by a fair preponderance of the evidence that the facts warrant relief.” d 532, 534 (Minn. 2007) (quotation omitted).
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Gerald James Risk, petitioner, Appellant,
Minn. Ct. App. 2021
(quotations and citations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(citing Jones v. Barnes , 463 U.S. 745, 751, 103 S. Ct. 3308, 3312 (1983)).
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Robert Webb, Jr., petitioner, Appellant,
Minn. Ct. App. 2021
Allegations in a petition for postconviction relief must be “more than argumentative assertions without factual support.” 3 On March 31, 2020, Webb, acting without counsel, petitioned for a writ of certiorari, which this court construed as a notice of appeal.
- Justin Lee Ironhawk, petitioner, Appellant, Minn. Ct. App. 2020
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A17-1623
Minn. Ct. App. 2018
But “[t]he U.S. Supreme C ourt has ‘recognized that the accu sed has the ultimate authority to make certain fundamental decisions regarding the case, as to whether to plead guilty, waive a jury, testify in his or her own behalf, or take an appeal.’” d 532, 536 (Minn. 2007) (quoting Jones v. Barnes, 463 U.S. 745, 751, 103 S. Ct. 3308, 3312 (1983)).
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Armando DeLaCruz, Jr., petitioner, Appellant,
Minn. Ct. App. 2018
4 Typically, “The Knaffla rule bars postconviction claims of ineffective assistance of trial counsel after direct appeal except when the merits of the claim cannot be determined from the district court record and requires additional evidence, such as that involving attorney - client communications.” -36 (Minn. 2007) (quotation omitted).
- In the Matter of the Welfare of the Child of: L. M. W. and H. E. P., Parents Minn. Ct. App. 2018
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Leanne Starr, petitioner, Appellant,
Minn. Ct. App. 2017
Ul timately, the burden rests with the petitioner seeking postconviction relief to establish “by a fair preponderance of the evidence that the facts warrant relief.” (quotation omitted).
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Ronnie Jerome Jackson, III, petitioner, Appellant,
Minn. Ct. App. 2017
See, (stating that the defendant, not trial counsel, has “the ultimate authority .
- Erickson v. State 842 N.W.2d 314 Minn. 2014
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Erickson v. State
842 N.W.2d 314
Minn. 2014
Erickson v. State (Erickson II)
- Dereje v. State 812 N.W.2d 205 Minn. Ct. App. 2012
- Dereje v. State 812 N.W.2d 205 Minn. Ct. App. 2012
- Barnes v. State 768 N.W.2d 359 Minn. 2009
- Barnes v. State 768 N.W.2d 359 Minn. 2009
- Williams v. State 764 N.W.2d 21 Minn. 2009
- Williams v. State 764 N.W.2d 21 Minn. 2009
- Sanchez-Diaz v. State 758 N.W.2d 843 Minn. 2008
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Sanchez-Diaz v. State
758 N.W.2d 843
Minn. 2008
(observing that defendant has a fundamental right to decide “ ‘whether to plead guilty, waive a jury, testify in his or her own behalf, or take an appeal’ ”) (citing Jones v. Barnes, 463 U.S. 745, 751 , 103 S.Ct.
- Ashby v. State 752 N.W.2d 76 Minn. 2008
- Ashby v. State 752 N.W.2d 76 Minn. 2008
- Brown v. State 746 N.W.2d 640 Minn. 2008
- Brown v. State 746 N.W.2d 640 Minn. 2008