Cited by
Opinions in Minnesota that cite State v. Nicks, 831 N.W.2d 493.
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Jerrmaine Winston Knowles, petitioner, Appellant,
Minn. Ct. App. 2022
The postconviction court “abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
On the other hand, “when counsel fails to conduct such a thorough investigation of facts that are so directly related to the defendant’s theory of the case, that conduct falls below an objective standard of professional conduct.” -08 (Minn. 2013) (reversing district court’s decision to deny postconviction relief after concluding appellant alleged facts sufficient to warrant an evidentiary hearing based on the claim that trial counsel failed to obtain evidence “central” to counsel’s theory and st
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Chris Marquis McMorris, petitioner, Appellant,
Minn. Ct. App. 2022
claim of ineffective assistance of counsel, this court “will consider the [district] court’s factual findings that are supported in the record, conduct a de novo review of the legal implication of those facts on the ineffective assistance claim, and either affirm the court’s decision or conclude that the court abused its discretion because postconviction relief is warranted.” -04 (Minn. 2013).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
9 We give trial counsel “wide latitude to determine the best strategy for the client.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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John Thomas Owen, petitioner, Appellant,
Minn. Ct. App. 2022
5 is against logic and the facts in the record.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
rial based on false testimony if (1) a court is “reasonably well satisfied that the testimony given by a material witness is false,” 17 (2) without the testimony, the jury “might have reached a different conclusion,” and (3) the defendant “was taken by surprise when the false testimony was given and was unable to meet it or did not know of its falsity until after the trial.”
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Lannon Lavar Burdunice, petitioner, Appellant,
Minn. Ct. App. 2022
The postconviction court “abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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Dane Michael Vandervoort, petitioner, Appellant,
Minn. Ct. App. 2022
We review the denial of a postconviction petition, “including a denial of relief without an evidentiary hearing, for an abuse of discretion.”
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Tywan Rulford, petitioner, Appellant,
Minn. Ct. App. 2022
When reviewing a district court’s denial of postconviction relief based on an ineffective-assistance-of-counsel claim, this court considers the district court’s factual findings that are supported in the record and reviews de novo the “legal implication of those facts.” -04 (Minn. 2013).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We review a postconviction court’s denial of ineffective- assistance-of-counsel claims by considering the factual findings supported by the record and by conducting “de novo review of the legal implication of those facts on the ineffective assistance claim.” -04 (Minn. 2013).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Mo reover, the fact that an attorney’s failing could be characterized as a “trial strategy” should not be an “impregnable barrier” to an ineffective- assistance-of-counsel claim; the Minnesota Supreme Court has specifically rejected “such a formalistic approach.”
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Mario Pedro Moreno, petitioner, Appellant,
Minn. Ct. App. 2022
State v. Nicks , (quotation omitted).
- Derrick Devon Turner, petitioner, Appellant, Minn. Ct. App. 2022
- Anthony Scott David Auginaush, petitioner, Appellant, Minn. Ct. App. 2021
- Jamia Lee Griffith, petitioner, Appellant, Minn. Ct. App. 2021
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William Dumont White, petitioner, Appellant,
Minn. Ct. App. 2021
“We give trial counsel wide latitude to determine the best strategy for the client.” State v. Nicks
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Aka Lawrence Fualefeh, petitioner, Appellant,
Minn. Ct. App. 2021
The postconviction court “abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
- Hassan Isak Omar, petitioner, Appellant, Minn. Ct. App. 2021
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Dylan Matthew Deling, petitioner, Appellant,
Minn. Ct. App. 2021
are supported in the re cord, conduct a de novo review of the legal implication of those facts on the ineffective assistance claim, and either affirm the court’s decision or conclude that the court abused its discretion because pos tconviction relief is warranted.” -04 (Minn. 2013).
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Dante Christopher Horton, petitioner, Appellant,
Minn. Ct. App. 2021
A district court “abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
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Andrew Will Alexander, petitioner, Appellant,
Minn. Ct. App. 2021
“[T]o receive an evidentiary hearing on a postconviction claim of ineffective assistance of counsel, a defendant is required to allege facts that, if proven by a fair preponderance of the evidence, would satisfy the two -prong [Strickland] test.” State v. Nicks , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Similarly, when considering an alleged failure to investigate, the extent of an attorney’s investigation constitutes trial strategy that “should not be readily second-guessed.”
- A20-1588 Minn. 2021
- Scott Marlin Morey, petitioner, Appellant, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064 (1984)
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S’Emaj Avyiair Okongwu, petitioner, Appellant,
Minn. Ct. App. 2021
The postconviction court “abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
- Lawrence Silas Kostohryz, petitioner, Appellant, Minn. Ct. App. 2021
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Maurice Lovell Anderson, petitioner, Appellant,
Minn. Ct. App. 2021
The district court “abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
In our review of a denial of postconviction relief claiming ineffective assistance of counsel, we “consider the court’s factual fi ndings that are supported in the record,” and “conduct a de novo review of the le gal implication of those facts.” State v. Nicks
- Abdirahman Dayib Ahmed, petitioner, Appellant, Minn. Ct. App. 2021
- Deontray Vershon Tate, petitioner, Appellant, Minn. Ct. App. 2021
- Antonio Deandre Johnson, Jr., petitioner, Appellant, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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Shareef Najeeaullah Shaheed, petitioner, Appellant,
Minn. Ct. App. 2021
Trahan, d at 221 -22; Stavish, d at 677
- Grant Lloyd Greenwood, petitioner, Appellant, Minn. Ct. App. 2021
- Trejuan Dominic Miller, petitioner, Appellant, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(stating that reversal is warranted when defendant shows there is a reasonable probability that “but for counsel’s errors, the result of the trial would have been different”).
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Kevin Scott Smith, petitioner, Appellant,
Minn. Ct. App. 2020
“A postconviction court abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
We afford defense counsel “wide latitude to determine the best strategy for the client,” , and will not second -guess counsel’s strategic decisions, Leake v. State
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Matthew Keely Hartley, petitioner, Appellant,
Minn. Ct. App. 2020
E.g. State v. Nicks , -08 (Min n. 2013) (stating that, while investigations are part of trial strategy, an ineffective-assistance claim was reviewable because trial counsel’s failure to obtain phone records was not a considered and rejected course of action, but an unreasonable failure to investigate a central part of counsel’s
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Ronnie Bila Shaka, petitioner, Appellant,
Minn. Ct. App. 2020
Strickland v. Washington, 466 U.S. 668, 687– 88, 104 S. Ct. 2052, 2064 (1984)
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
claim.” -04 (Minn. 2013).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Appellate courts “give trial counsel wide latitude to determine the best strategy for the client,” and “the extent of any investigation is a part of trial strategy and, thus, should not be readily second -guessed.” State v. Nicks
- A19-1230 Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Appellate courts “give trial counsel wide latitude to determine the best strategy for the client.”
- A19-0676 Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A district court “abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.” State v. Nicks , (quotation omitted).