Cited by
Opinions in Minnesota that cite Sanchez v. State, 816 N.W.2d 550.
- Ky Antoinette Word v. State of Minnesota Minn. Ct. App. 2015
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Ky Antoinette Word v. State of Minnesota
Minn. Ct. App. 2015
Interests of Justice The supreme court has “made clear” that “the interests-of-justice referred to in [Minn. Stat. § 490.01,] subdivision 4(b)(5)[,] relate to the reason the petition was filed after the 2–year time limit in subdivision 4(a), not the substantive claims in the petition.”
- Julio Cesar Garcia-Gomez v. State of Minnesota Minn. Ct. App. 2015
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Julio Cesar Garcia-Gomez v. State of Minnesota
Minn. Ct. App. 2015
In Sanchez v. State, the supreme court held that a claim under the interests-of- justice exception arises “when the petitioner knew or should have known that he had a claim.”
- Victoria Lynn Robinson v. State of Minnesota Minn. Ct. App. 2015
- Victoria Lynn Robinson v. State of Minnesota Minn. Ct. App. 2015
- Reginald Bruce Long v. State of Minnesota Minn. Ct. App. 2015
- Reginald Bruce Long v. State of Minnesota Minn. Ct. App. 2015
- Jose Manuel Flores v. State of Minnesota Minn. Ct. App. 2015
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Jose Manuel Flores v. State of Minnesota
Minn. Ct. App. 2015
A claim arises when the petitioner “knew or should have known that the claim existed.”
- Michael Wayne v. State of Minnesota 866 N.W.2d 917 Minn. 2015
- Michael Wayne v. State of Minnesota 866 N.W.2d 917 Minn. 2015
- Somlith Vongphasouk v. State of Minnesota Minn. Ct. App. 2015
- Doris Ruiz v. State of Minnesota Minn. Ct. App. 2015
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Somlith Vongphasouk v. State of Minnesota
Minn. Ct. App. 2015
-67 (Minn. 2012); n.14 (Minn. 2012).
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Doris Ruiz v. State of Minnesota
Minn. Ct. App. 2015
A claim thus “arises when the petitioner knew or should have known that [s]he had a claim.”
- Jacob Stephen Brown v. State of Minnesota 863 N.W.2d 781 Minn. 2015
- Jacob Stephen Brown v. State of Minnesota 863 N.W.2d 781 Minn. 2015
- Alina Marie Konczak v. State of Minnesota Minn. Ct. App. 2015
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Alina Marie Konczak v. State of Minnesota
Minn. Ct. App. 2015
“[A] claim arises when the [petitioner] knew or should have known of the claim.”
- Sabranino Altranino Thompson v. State of Minnesota Minn. Ct. App. 2015
- Alan Alberto Zamora Morales v. State of Minnesota Minn. Ct. App. 2015
- Sabranino Altranino Thompson v. State of Minnesota Minn. Ct. App. 2015
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Alan Alberto Zamora Morales v. State of Minnesota
Minn. Ct. App. 2015
In Sanchez v. State, the supreme court held that a claim under the interests-of- justice exception arises “when the petitioner knew or should have known that he had a claim.”
- Michael Wayne v. State of Minnesota 860 N.W.2d 702 Minn. 2015
- Michael Wayne v. State of Minnesota 860 N.W.2d 702 Minn. 2015
- Tha Phongvixay v. State of Minnesota Minn. Ct. App. 2015
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Tha Phongvixay v. State of Minnesota
Minn. Ct. App. 2015
The supreme court has “made clear” that “the interests-of-justice referred to in [subdivision 4] relate to the reason the petition was filed after the 2-year time limit in subdivision 4(a), not the substantive claims in the petition.” (emphasis in original).
- Harold David Yaritz v. State of Minnesota Minn. Ct. App. 2015
- Harold David Yaritz v. State of Minnesota Minn. Ct. App. 2015
- Benard Nyangate Mauti v. State of Minnesota Minn. Ct. App. 2015
- Benard Nyangate Mauti v. State of Minnesota Minn. Ct. App. 2015
- Jose Socorro Ortiz v. State of Minnesota Minn. Ct. App. 2015
- Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2015
- Jose Socorro Ortiz v. State of Minnesota Minn. Ct. App. 2015
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Brett Thomas Green v. State of Minnesota
Minn. Ct. App. 2015
d 550, 560 (Minn. 2012); Taylor, d at 79; Knaffla, 309 Minn. at 252, d at 741.
- German N. Salgado Velasquez v. State of Minnesota Minn. Ct. App. 2014
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German N. Salgado Velasquez v. State of Minnesota
Minn. Ct. App. 2014
The date a claim arises is 4 based upon an objective “knew or should have known standard.”
- Phillip Anthony Roberts v. State of Minnesota 856 N.W.2d 287 Minn. Ct. App. 2014
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Phillip Anthony Roberts v. State of Minnesota
856 N.W.2d 287
Minn. Ct. App. 2014
A claim arises when the petitioner “knew or should have known that the claim existed.”
- Abdirisak Dahir Jama v. State of Minnesota Minn. Ct. App. 2014
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Abdirisak Dahir Jama v. State of Minnesota
Minn. Ct. App. 2014
The “interests of justice” referred to in section 590.01, subdivision 4(b)(5), “relate to the reason the [postconviction] petition was filed after the 2-year time limit in subdivision 4(a), not the substantive claims in the petition.” (emphasis in original).
- Harvey Ray Dupey v. State of Minnesota 855 N.W.2d 544 Minn. Ct. App. 2014
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Harvey Ray Dupey v. State of Minnesota
855 N.W.2d 544
Minn. Ct. App. 2014
e filed more than two years after the later of: (1) the entry of judgment of conviction or sentence if no direct appeal is filed; or (2) an appellate court’s disposition of petitioner’s direct appeal.” The Minnesota Supreme Court has previously held that this subdivision is “clear and free from all ambiguity” and therefore must be construed “according to its plain language.” (quotation omitted).
- Laura Barreto Renteria v. State of Minnesota Minn. Ct. App. 2014
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Laura Barreto Renteria v. State of Minnesota
Minn. Ct. App. 2014
For this purpose, the date “the claim arises” has been interpreted to mean “when the petitioner knew or should have known that he had a claim.”
- Steven David Pawliszko v. State of Minnesota Minn. Ct. App. 2014
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Steven David Pawliszko v. State of Minnesota
Minn. Ct. App. 2014
“[T]he interests-of-justice exception is triggered by an injustice that caused the petitioner to miss the primary deadline in subdivision 4(a), not 9 the substance of the petition.”
- State of Minnesota v. Michael Arthur Boelz Minn. Ct. App. 2014
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State of Minnesota v. Michael Arthur Boelz
Minn. Ct. App. 2014
Minn. Stat. § 645.16 (2012).