Cited by

Opinions in Minnesota that cite Gail v. State, 732 N.W.2d 243.

49 citing documents.

  • State of Minnesota v. Darrnell Maurice Samir Cooper Minn. Ct. App. 2026
    The appellant bears the burden to overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.” (citation omitted); see Strickland, 466 U.S. at 689 (noting judicial review is “highly deferential” to counsel’s performance).
  • State of Minnesota, Respondent, Minn. Ct. App. 2026
    The burden of proof on this prong rests with the appellant, who must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.” see Strickland, 466 U.S. at 689 (noting that judicial review should be “highly deferential” to counsel’s performance).
  • State of Minnesota, Respondent, Minn. Ct. App. 2026
    The burden of proof on this prong rests with the appellant, who must overcome the 11 “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.” see Strickland, 466 U.S. at 689 (noting that judicial review should be highly deferential to counsel’s performance).
  • State of Minnesota, Respondent, Minn. Ct. App. 2026
    The burden of proof on this prong rests with the appellant, who must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.” see also Strickland, 466 U.S. at 689 (noting that judicial review should be “highly deferential” to counsel’s performance).
  • State of Minnesota, Respondent, Minn. Ct. App. 2024
    Triebwasser must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • State of Minnesota v. Marvel Galvaston Williams Minn. Ct. App. 2024
  • State of Minnesota v. Marvel Galvaston Williams Minn. Ct. App. 2024
  • Randy Terrell Mayberry v. State of Minnesota Minn. Ct. App. 2023
  • Randy Terrell Mayberry v. State of Minnesota Minn. Ct. App. 2023
    Under the first element of the Strickland test, there is “a strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    To satisfy the first prong, the appellant must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    A petitioner alleging ineffective assistance of counsel must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.” 18
  • Carlos Kendall Duncan, petitioner, Appellant, Minn. Ct. App. 2023
    “[T]here is a strong presumption that counsel’s performance fell within a wide range of reasonable assistance.” d 243, 248 (Minn. 2007).
  • Jordan Lee Wachter, petitioner, Appellant, Minn. Ct. App. 2023
    A petitioner alleging ineffective assistance of counsel must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    Gail v. State , (stating that ineffective assistance of counsel claims must contain more than “conclusory, argumentative assertions without factual support ”).
  • Kristopher Lee Roybal, petitioner, Appellant, Minn. Ct. App. 2023
    “[T]here is a strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • Richard Theodore Knoll, petitioner, Appellant, Minn. Ct. App. 2023
    A petitioner alleging ineffective assistance of counsel must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • Alexander James Ray, petitioner, Appellant, Minn. Ct. App. 2022
    A petitioner alleging ineffective assistance of counsel must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • Chris Marquis McMorris, petitioner, Appellant, Minn. Ct. App. 2022
    “[T]here is a strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
    To succeed on an ineffective-assistance-of-counsel claim, an appellant must show that (1) “his attorney’s performance fell be low an objective standard of reasonableness,” and (2) “a reasonable probability exists that the outcome would have been different, but for counsel’s errors.” Gail v. State , see also Strickland v. Washington, 466 U.S. 668, 687-88, 694, 104 S. Ct. 2052, 20 64, 2068 (1984).
  • State of Minnesota, Respondent, Minn. Ct. App. 2021
    “To succeed on an ineffective assistance of counsel claim, a defendant must show that (1) ‘his attorney’ s performance fell below an object ive standard of reasonableness,’ and (2) ‘a reasonable probability exists that the outcome would have been different, but for counsel’s errors.’” State v. Luby , ( ).
  • State of Minnesota, Minn. 2020
    Generally, an ineffective-assistance claim requires that a defendant show that (1) “his attorney’s performance fell below an objective standard of reasonableness,” and (2) “a reasonable probability exists that the outcome would have been different, but for counsel’s errors.” see also Strickland, 466 U.S. at 687–88.
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    or a criminal defendant to succeed on an ineffective -assistance-of- counsel claim, the defendant must show that: (1) “his [or her] attorney’s performance fell below an objective standard of reasonableness[,]” and (2) “a reasonable probabil ity exists that the outcome would have been different, but for counsel’s errors.” () (citing Strickland v. Washington, 466 U.S. 668, 687-88, 692, 104 S. Ct. 2052, 2064, 2067 (1984)).
  • Fox v. State 913 N.W.2d 429 Minn. 2018
  • Fox v. State 913 N.W.2d 429 Minn. 2018
    Wright , d at 91 (quoting Gail v. State , , 248 (Minn. 2007) ).
  • In the Matter of the Welfare of the Child of: L. M. W. and H. E. P., Parents Minn. Ct. App. 2018
  • State v. Luby 904 N.W.2d 453 Minn. 2017
  • State v. Luby 904 N.W.2d 453 Minn. 2017
    To succeed on an ineffective assistance of counsel claim, a defendant must show that (1) “his attorney’s performance fell below an objective standard of reasonableness,” and (2) “a reasonable probability exists that the outcome would have been different, but for counsel’s errors.” see also Strickland v. Washington, 466 U.S. 668, 687-88, 692 , 104 S.Ct.
  • State v. Mosley 895 N.W.2d 585 Minn. 2017
  • State v. Mosley 895 N.W.2d 585 Minn. 2017
    To prove ineffective assistance of counsel, a defendant must show that (1) “his attorney’s performance fell below an objective standard of reasonableness,” and (2) “a reasonable probability exists that the outcome would have been different, but for counsel’s errors.” see also Strickland v. Washington, 466 U.S. 668 , 104 S.Ct.
  • Denis Alcivar Alvarado-Riera v. State of Minnesota Minn. Ct. App. 2017
  • Denis Alcivar Alvarado-Riera v. State of Minnesota Minn. Ct. App. 2017
    A petitioner “has the burden of proof” to overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • Gail v. State 888 N.W.2d 474 Minn. 2016
  • Gail v. State 888 N.W.2d 474 Minn. 2016
    Gail v. State (Gail II), -46 (Minn. 2007).
  • State of Minnesota v. Ernest Alvin Ranzy Minn. Ct. App. 2016
  • State of Minnesota v. Ernest Alvin Ranzy Minn. Ct. App. 2016
    The defendant must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • State of Minnesota v. Gonsalo Cosme-Garsia Minn. Ct. App. 2016
  • State of Minnesota v. Gonsalo Cosme-Garsia Minn. Ct. App. 2016
    Appellant “has the burden of proof and there is a strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • State of Minnesota v. Jack Arnold Haines Minn. Ct. App. 2015
  • State of Minnesota v. Jack Arnold Haines Minn. Ct. App. 2015
    Counsel’s performance is presumed to be reasonable, and the burden of providing the appellate court with a record to establish any alleged errors in counsel’s performance is the claimant’s. State v. Carlson, 281 Minn. 564, 566, -49 (claimant had not “provided any factual support for his assertions .
  • State of Minnesota v. Joseph Michael Tuseth Minn. Ct. App. 2014
  • State of Minnesota v. Joseph Michael Tuseth Minn. Ct. App. 2014
    The burden of proof on this claim rests with the defendant, who must overcome the “strong presumption that counsel’s performance fell within a wide range of reasonable assistance.”
  • Steven White v. State of Minnesota Minn. Ct. App. 2014
  • Steven White v. State of Minnesota Minn. Ct. App. 2014
    A defendant must overcome the “strong presumption that counsel’s 3 performance fell within a wide range of reasonable assistance.” see also Strickland, 466 U.S. at 689, 104 S. Ct. at 2065 (observing that judicial review should be “highly deferential” to counsel’s performance).
  • Wright v. State 765 N.W.2d 85 Minn. 2009
  • Wright v. State 765 N.W.2d 85 Minn. 2009
  • Arredondo v. State 754 N.W.2d 566 Minn. 2008
  • Arredondo v. State 754 N.W.2d 566 Minn. 2008
  • Anderson v. State 746 N.W.2d 901 Minn. Ct. App. 2008
  • Anderson v. State 746 N.W.2d 901 Minn. Ct. App. 2008