Cited by
Opinions in Minnesota that cite Tscheu v. State, 829 N.W.2d 400.
- Tescil Romalis Mason-Kimmons v. State of Minnesota Minn. Ct. App. 2024
-
Tescil Romalis Mason-Kimmons v. State of Minnesota
Minn. Ct. App. 2024
Findings of fact are clearly erroneous if “we have a definite and firm conviction that a mistake has been made.” 6 (Minn. 2013) (quotation omitted).
-
Lance Arnold Kingbird, petitioner, Appellant,
Minn. Ct. App. 2023
(stating that a postconviction court abuses its discretion when its decision is against logic and the facts in the record).
-
Eziquel Ignacio Leal, petitioner, Appellant,
Minn. Ct. App. 2023
Leal “bears the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.”
-
Donna Mae Bastyr, petitioner, Appellant,
Minn. Ct. App. 2023
“A petitioner bears the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.”
-
Chris Marquis McMorris, petitioner, Appellant,
Minn. Ct. App. 2022
“A petitioner bears the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.”
-
Matthew Howard Isensee, petitioner, Appellant,
Minn. Ct. App. 2022
“A petitioner bears the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.”
-
Orlando Omar Castillo, petitioner, Appellant,
Minn. Ct. App. 2022
Castillo provides no authority for his argument that the state must notify individuals of potential postconviction claims; under Minnesota law it is the petitioner who “bears the burden to [justify] postconviction relief.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
“A petitioner bears the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.”
-
Hassan Isak Omar, petitioner, Appellant,
Minn. Ct. App. 2021
We afford “great deference to a postconviction court’s findings of fact and will not reverse the findings unless they are clearly erroneous.” (quotation omitted).
-
Robert Webb, Jr., 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).
- Carlos Heard, petitioner, Appellant, Minn. Ct. App. 2020
- Kenneth Eugene Andersen, Minn. 2020
-
Jason Maurice Fagin,
Minn. 2019
the burden of proof of the facts alleged in the petition shall be upon the petitioner to establish the facts by a fair preponderance of the evidence.” (“[ T]he postconviction statute makes clear that the defendant, the party bringing the petition, generally bears the burden of proof [at an evidentiary hearing].”); 10 (“A petitioner bears the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.”).
-
John Louis Corrigan, petitioner, Appellant,
Minn. Ct. App. 2019
(holding that an argument is Knaffla-barred because the petitioner failed to explain “why [the] argument was not available on direct appeal” and “why his failure to raise [the] argument should be excused”); (“A petitioner bear s the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.”).
-
Jeremy Richard Ullrich, petitioner, Appellant,
Minn. Ct. App. 2018
6 It is generally correct, as the state notes, that the petitioner in a postconviction matter “bears the burden to establish by a preponderance of the eviden ce that facts exist that warrant postconviction relief.” see also Minn. Stat. § 590.04, subd.
- Williams v. State 910 N.W.2d 736 Minn. 2018
-
Williams v. State
910 N.W.2d 736
Minn. 2018
3 (2016) ("Unless otherwise ordered by the court, the burden of proof of the facts alleged in the petition shall be upon the petitioner...."); see also Tscheu v. State , , 403 (Minn. 2013) (noting that the defendant bears the burden of proof to show an entitlement to relief); Hummel v. State , , 564 (Minn. 2000) (same).
-
A16-1527
Minn. 2018
.”); (noting that the defendant bears the burden of proof to show an entitlement to relief ); Hummel v. State , (same).
- Hassan Mohamed Abdillahi, petitioner, Appellant, Minn. Ct. App. 2017
- Williams v. State 899 N.W.2d 504 Minn. Ct. App. 2017
- Williams v. State 899 N.W.2d 504 Minn. Ct. App. 2017
- State of Minnesota v. Wilfred Carl Hudson Minn. Ct. App. 2015
- State of Minnesota v. Wilfred Carl Hudson Minn. Ct. App. 2015
- De-Aunteze Lavion Bobo v. State of Minnesota 860 N.W.2d 681 Minn. 2015
- De-Aunteze Lavion Bobo v. State of Minnesota 860 N.W.2d 681 Minn. 2015
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014
- State of Minnesota v. James Irving Dale Minn. Ct. App. 2014
-
State of Minnesota v. James Irving Dale
Minn. Ct. App. 2014
“A petitioner bears the burden to establish by a preponderance of the evidence that facts exist that warrant postconviction relief.” see Minn. Stat. § 590.04, subd.
- Miles v. State 840 N.W.2d 195 Minn. 2013
- Miles v. State 840 N.W.2d 195 Minn. 2013