Cited by
Opinions in Minnesota that cite Davis v. State, 784 N.W.2d 387.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- In the Matter of the Welfare of the Child(ren) of: T. K. H., B. M. P., G. J. … Minn. Ct. App. 2026
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In the Matter of the Welfare of the Child(ren) of: T. K. H., B. M. P., G. J. …
Minn. Ct. App. 2026
counsel’s unprofessional errors, the result 12 of the proceedings would have been different.” (citing Strickland, 466 U.S. at 688, 694)).
- State of Minnesota v. Romaine Anthony Reid Minn. Ct. App. 2026
- State of Minnesota v. Romaine Anthony Reid Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
See Davis v. State, 7 (stating that allegations in a petition for postconviction relief must be more than argumentative assertations without factual support).
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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 ”).
- Marcel Moses, petitioner, Appellant, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
To prevail on such a claim, Salad must demonstrate that (1) “‘counsel’s performance fell below an objective standard of reasonableness’” and (2) there is “a reasonable probability that, but for counsel’s errors, ‘the result of the proceedings would have been different.’” d 369, 372 (Minn. 2020) ().
- Joshua Stuart Vossen, Appellant, Minn. Ct. App. 2022
- Tywan Rulford, petitioner, Appellant, Minn. Ct. App. 2022
- Minn. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
To prevail on such a claim, appellant must demonstrate (1) that “counsel’s performance fell below an objective standard of reasonableness” and (2) that there is “a reasonable probability that, but for counsel’s errors, ‘the result of the proceedings would have been different.’” ().
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Jose Santoya Juarez, petitioner, Appellant,
Minn. Ct. App. 2021
1 (2018); see also Davis v. State , (stating that a hearing is unnecessary if petitione r fails to allege facts sufficient to entitle him to relief).
- Syrrome James Phylip Moos, petitioner, Appellant, Minn. Ct. App. 2021
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Mohamed Hassan Ali, petitioner, Appellant,
Minn. Ct. App. 2021
(“We will not address that argument for the first time on appeal fro m a postconviction petition.”).
- Robert Webb, Jr., petitioner, Appellant, Minn. Ct. App. 2021
- Minn. 2020
- Lorenzo Damien Brewer, petitioner, Appellant, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“An evidentiary hearing is unnecessary if the petitioner fails to allege fact s that are sufficient to entitle him or her to the relief requested.” Davis v. State , (M inn.
- A19-1230 Minn. Ct. App. 2020
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Nathan Christopher Braun, petitioner, Appellant,
Minn. Ct. App. 2020
t consider issues raised for the first time on appeal, and “[i]t is well settled that a party may not raise issues for the first time on appeal from denial of postconviction relief.” (refusing to decide postconviction claims raised for the first time on appeal) (); (“We will not address [an] argument for the first time on appeal from a postconviction petition.”).
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Michael David Henderson, petitioner, Appellant,
Minn. Ct. App. 2019
See Davis v. State , (affirming postconviction court’s rejection of ineffective -assistance-of- counsel claims that were based solely on “conclusory, argumentative assertions without 8 factual support”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“We review postconviction decisions under the abuse -of-discretion standard of review.” Davis v. State
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Crow v. State 923 N.W.2d 2 Minn. 2019
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Crow v. State
923 N.W.2d 2
Minn. 2019
(citations omitted); Davis v. State , , 391 (Minn. 2010).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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Earl Anthony Fry, petitioner, Appellant,
Minn. Ct. App. 2018
There is no abuse of discretion in a denial of postconviction claims presented “solely as c onclusory, argumentative assertions without factual support.” (Mi nn.
- A16-1196 Minn. Ct. App. 2017
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Hassan Mohamed Abdillahi, petitioner, Appellant,
Minn. Ct. App. 2017
See Davis v. State , (stating that allegations in postconviction petition must be more than argumentative assertions lacking factual support).
- Gary Leroy Reynolds, petitioner, Appellant, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- Brooks v. State 897 N.W.2d 811 Minn. Ct. App. 2017
- Brooks v. State 897 N.W.2d 811 Minn. Ct. App. 2017
- A16-1713 Minn. Ct. App. 2017
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Lester Leander Wiechmann, petitioner, Appellant,
Minn. Ct. App. 2017
(stating that allegations in a postconviction petition must be more than argumentative assertions without factual support).
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Kevin Terrance Hannon v. State of Minnesota
889 N.W.2d 789
Minn. 2017
(rejecting petitioner’s claim because it was based on “conclusory, argumentative assertions without factual support”).
- Gary Cornelius Whitehurst v. State of Minnesota Minn. Ct. App. 2016
- Gary Cornelius Whitehurst v. State of Minnesota Minn. Ct. App. 2016
- James Donald Dahl v. State of Minnesota Minn. Ct. App. 2016
- James Donald Dahl v. State of Minnesota Minn. Ct. App. 2016
- Jason Mark Musburger v. State of Minnesota Minn. Ct. App. 2016
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Jason Mark Musburger v. State of Minnesota
Minn. Ct. App. 2016
“An evidentiary hearing is unnecessary if the petitioner fails to allege facts that are sufficient to entitle him or her to the relief requested.”
- Jason Dean Ligtenberg v. State of Minnesota Minn. Ct. App. 2016
- Jason Dean Ligtenberg v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Steven Francis Martinez Minn. Ct. App. 2016
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State of Minnesota v. Steven Francis Martinez
Minn. Ct. App. 2016
do not comprehend that a petitioner may have a full evidentiary hearing on the basis of bald assertions”); (requiring postconviction petition to include allegations that are not mere argumentative assertions without factual support).
- Rene Julian McKenzie v. State of Minnesota 872 N.W.2d 865 Minn. 2015
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Rene Julian McKenzie v. State of Minnesota
872 N.W.2d 865
Minn. 2015
In doing so, we review the postconviction court’s legal conclusions de novo, and its findings of fact for clear error