Cited by
Opinions in Minnesota that cite Gail v. State, 732 N.W.2d 243.
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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).
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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).
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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).
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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).
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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
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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.”
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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.”
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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
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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).
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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.”
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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 ”).
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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.”
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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.”
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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.”
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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.”
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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).
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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 , ( ).
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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