Cited by
Opinions in Minnesota that cite Andersen v. State, 830 N.W.2d 1.
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(“[T]rial tactics should not be reviewed by an appellate court, which, unlike the counsel, has the benefit of hindsight.”); (reasoning that the decisions to call certain witnesses falls within trial strategy and are not reviewable); State v. Davis , n.10 (Minn. 2012) (stating that whether to cross -examine a witness constituted trial strategy).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(citing Crawford v. Washington, 541 U.S. 36, 59 & n.9 (2004)).
- In the Matter of the Civil Commitment of: Dana John Thompson. Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[T]here is a strong presumption that counsel’s performance was reasonable.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Richard Theodore Knoll, petitioner, Appellant,
Minn. Ct. App. 2023
Strickland, 466 U.S. at 694; Andersen v. State
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Jeremy Bruce Cournoyer, petitioner, Appellant,
Minn. Ct. App. 2023
Thus, “w hen a claim of ineffective assistance of trial counsel can be determined on the basis of the trial record, the claim must be brought on direct appeal or it is Knaffla-barred.” .
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Under the Strickland test, a defendant “must demonstrate that ( 1) his counsel’s performance fell below an objective standard of reasonableness, and (2) that a reasonable probability exists that the outcome would have been different but for counsel’s errors.” Andersen v. State , .
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
We assign “a strong presumption that counsel’s performance was reasonable.”
- Alexander James Ray, petitioner, Appellant, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
However, “[w]hen a claim of ineffective assistance of trial counsel can be determined on the basis of the trial record, the claim must be brought on direct appeal.”
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, A22-0057
Minn. 2022
Andersen v. State (Andersen II)
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Strickland requires an appellant to establish that “(1) [their] counsel’s performance fell below an objective standard of reasonableness, and (2) that a reasonable probability exists that the outcome would have been different but for counsel’s errors.” (citing Strickland, 446 U.S. at 687).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We assign “a strong presumption that counsel’s performance was reasonable.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- John Thomas Owen, petitioner, Appellant, Minn. Ct. App. 2022
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Lannon Lavar Burdunice, petitioner, Appellant,
Minn. Ct. App. 2022
A petition raising the interests- of-justice exception “must have substantive merit and must be asserted without deliberate or inexcusable delay.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
There is “a strong presumption that counsel’s performance was reasonable.”
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Tywan Rulford, petitioner, Appellant,
Minn. Ct. App. 2022
Under this prong, this court will not review conduct that “falls within trial strategy.”
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Douglas Wayne Braker, petitioner, Appellant,
Minn. Ct. App. 2022
7 prong we do not review conduct th at “falls within trial strategy.” Andersen v. State , (Andersen I).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
App. 2017) (citing Andersen v. State , ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Under the Strickland test, a defendant “must demonstrate that (1) his counsel’s perform ance fell below an objective standard of reasonableness, and (2) that a reasonable probability exists that the outcome would have been different but for counsel’s errors.”
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, A21-0726
Minn. Ct. App. 2022
See id.; (declining to review an attorney’s decision not to call exculpatory witnesses as an act falling within trial strategy).
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In the Matter of the Civil Commitment of: Brian Lee Wilbur.
Minn. Ct. App. 2022
(noting that trial strategy, which includes selection and presentation of evidence, which witnesses to call, and extent of investigation into particular theories, is not reviewable).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“[A] claim that [a defendant’s] attorneys’ actions denied him the right to testify must fail ‘absent some indication in the record that his lawyers coerced him into not testifying by applying undue pressure, using illegitimate mean s, or otherwise depriving him of his free will.’” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
However, “[w]hen a claim of ineffective assistance of trial counsel can be determined on the basis of the trial record, the claim must be brought on direct appeal.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
See Strickland v. Washington , 466 U.S. 668, 687 (1984); d 1, 10 (Minn. 2013).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Admission of an out-of-court statement violates the Confrontation Clause when “the statemen t in question was testim onial, the statement was admitted for the truth of the matter asse rted, and the defendant was unable to cross- examine the declarant.” (citing Crawford v. Washington, 541 U.S. 39, 59 n.9 (2004).
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Pao Choua Xiong, petitioner, Appellant,
Minn. Ct. App. 2021
Strickland requires an appellant to show that “(1) his counsel’s performance fell below an objective standard of reasonableness, and (2) that a reasonable probability exists that the outcome would have been different but for counsel’s errors.” (citing Strickland, 466 U.S. at 687).
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Aka Lawrence Fualefeh, petitioner, Appellant,
Minn. Ct. App. 2021
(stating that a claim is Knaffla barred if it should have been known at the time of direct appeal).
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Dylan Matthew Deling, petitioner, Appellant,
Minn. Ct. App. 2021
10 “[T]here is a strong presum ption that counsel’s performance was reasonable.”
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Andrew Will Alexander, petitioner, Appellant,
Minn. Ct. App. 2021
“[T]here is a strong presumption that counsel’s performance was reasonable.” Andersen v. State
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(explaining that defense counsel’s presentation of evidence to the jury is considered part of trial strategy).
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State of Minnesota,
Minn. 2021
admitting the jail phone calls; the cumulative effect of the district court’s errors deprived him of a fair trial; and the evidence of unlawful possession of a firearm was insufficient because the juvenile adjudication to which he stipulated is not a “crime of violence.” Sutter did not petition for review of these issues; therefore, they are not before us. 7 declarant.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Admission of an out -of-court statement violates the Confrontation Clause when “the statement in question was testimonial, the sta tement was admitted for the truth of the matter asserted, and the defendant was unable to cross -examine the declarant.” (citing Crawford, 541 U.S. at 5 9 & n.9, 124 S. Ct. at 136 9 & n.9 ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
1 (Minn. 2013) (“Solemn declar ations in open court carry a strong presumption of verity and subsequent presentation of conclusory allegations unsupported by specifics is subject to summary dismissal.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“We will generally not review an ineffec tive-assistance-of-counsel claim that is based on trial strategy.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“Under the Strickland test, [a criminal defendant] must demonstrate that (1) his counsel’ s performance fell below a n objective standard of reasonableness, and (2) that a reasonable probability exists that the outcome would have been different but for counsel’s errors.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“[T]here is a strong presumption th at counsel’s performance was reasonable.”
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- Justin Lee Ironhawk, petitioner, Appellant, Minn. Ct. App. 2020
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Mitchell Le Dac Ho, petitioner, Appellant,
Minn. Ct. App. 2020
“[T]here is a strong presumption that counsel’s performance was reasonable.” Andersen v. State
- In the Matter of the Welfare of: R. R., Child. Minn. Ct. App. 2020
- Minn. 2020
- Matthew Keely Hartley, petitioner, Appellant, Minn. Ct. App. 2020