Cited by
Opinions in Minnesota that cite Cooper v. State, 745 N.W.2d 188.
- State of Minnesota v. Shawn Michael Tillman Minn. 2026
- McKinley Juner Phillips v. State of Minnesota 7 N.W.3d 577 Minn. 2024
- McKinley Juner Phillips v. State of Minnesota 7 N.W.3d 577 Minn. 2024
- State of Minnesota, Minn. 2023
- Charles Earl Strother, petitioner, Appellant, Minn. Ct. App. 2022
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Minn. 2020
On direct appeal, we found that Chavez-Nelson’s which was consistent with our case law then and now.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
For example, in Cooper v. State, “the jury sent a note to the trial judge requesting to revie w a state’s witness’ testimony.”
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Neal Curtis Zumberge,
Minn. 2019
Under the Knaffla rule, “ ‘all claims known but not raised’ at the time of direct appeal are barred from consideration in any subsequent petitions for postconviction relief.” –91 (Minn. 2008) (quoting Knaffla, d at 741).
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James Michael Soderbeck, petitioner, Appellant,
Minn. Ct. App. 2019
Accordingly, t he claim is procedurally barred because it was “known or should have been known at the time of a direct appeal.” See Cooper v. State
- State v. Galvan 912 N.W.2d 663 Minn. 2018
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State v. Galvan
912 N.W.2d 663
Minn. 2018
State v. Chavez-Nelson , , 591 (Minn. 2016) ; Cooper v. State , , 194 (Minn. 2008).
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Francisco Cleofus Mountain, petitioner, Appellant,
Minn. Ct. App. 2018
The claim is procedurally barred because it was “known or should have been known at the time of a direct appeal.”
- State v. Mosley 895 N.W.2d 585 Minn. 2017
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State v. Mosley
895 N.W.2d 585
Minn. 2017
But appellate counsel is not required to raise a claim if counsel “could have legitimately concluded that it would not prevail.” ().
- Aaron Joseph Morrow v. State of Minnesota 886 N.W.2d 204 Minn. 2016
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Aaron Joseph Morrow v. State of Minnesota
886 N.W.2d 204
Minn. 2016
Under such circumstances, the “verdict indicates that the jury would not have found [the defendant] guilty of first-degree manslaughter, which requires an intent triggered by the heat of passion but no premeditation.”
- State of Minnesota v. Shavelle Oscar Chavez-Nelson 882 N.W.2d 579 Minn. 2016
- State of Minnesota v. Shavelle Oscar Chavez-Nelson 882 N.W.2d 579 Minn. 2016
- Michael Frederick Schmidt v. State of Minnesota Minn. Ct. App. 2014
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Michael Frederick Schmidt v. State of Minnesota
Minn. Ct. App. 2014
“The two-prong Strickland test also applies to ineffective assistance of counsel claims for appellate counsel.”
- State v. McClenton 781 N.W.2d 181 Minn. Ct. App. 2010
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State v. McClenton
781 N.W.2d 181
Minn. Ct. App. 2010
*189 (stating jury’s choice to convict defendant of premeditated murder when it had the option to convict him of murder without premeditation indicates it would not have found him guilty of an uninstructed lesser-included offense that did not require premeditation).
- Arredondo v. State 754 N.W.2d 566 Minn. 2008
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Arredondo v. State
754 N.W.2d 566
Minn. 2008
Appellate counsel is not required to raise all possible claims on direct appeal, and counsel need not raise a claim if she “could have legitimately concluded that it would not prevail.”
- Perry v. State 753 N.W.2d 664 Minn. 2008
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Perry v. State
753 N.W.2d 664
Minn. 2008
A postconviction court must hold an evidentiary hearing if the petitioner alleges facts that, “if proved, would entitle [the] petitioner to the requested relief.” (alteration in original) (internal quotation marks omitted).
- Nunn v. State 753 N.W.2d 657 Minn. 2008
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Nunn v. State
753 N.W.2d 657
Minn. 2008
But the postconvietion court’s legal determinations, “including legal determinations of ineffective assistance of counsel, * * * are reviewed de novo.” Schneider, d at 520
- State v. Ali 752 N.W.2d 98 Minn. Ct. App. 2008
- State v. Ali 752 N.W.2d 98 Minn. Ct. App. 2008