Cited by

Opinions in Minnesota that cite State v. Cubas, 838 N.W.2d 220.

78 citing documents.

State of Minnesota v. Tieshawn Stevie Fields Minn. Ct. App. 2026
State of Minnesota v. Tieshawn Stevie Fields Minn. Ct. App. 2026
Sarah Nicole Englund v. State of Minnesota Minn. Ct. App. 2025
Sarah Nicole Englund v. State of Minnesota Minn. Ct. App. 2025
“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” rev. denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2024
This court has held, however, that “[e]ven when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” d 220, 224 (Minn. App. 2013), rev. denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2023
Raleigh , d at 97 -98; see also State v. Cubas , (“Even when there is no prejudice to the state, a district court may deny a plea withdrawal 6 under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.”), rev. denied (Minn. Dec.
Maurice Culpepper, petitioner, Appellant, Minn. Ct. App. 2023
if the defendant fails to advance valid reasons why withdrawal is fair and just.” rev. denied (Minn. Mar.
State of Minnesota, Respondent, Minn. Ct. App. 2023
But the district court need not find prejudice to deny a plea-withdrawal motion when the defendant provides no “substantiated reasons for withdrawal of his plea.” Raleigh, d at 98; see also State v. Cubas , (“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.”) , rev. denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2022
State of Minnesota, Respondent, Minn. Ct. App. 2022
State of Minnesota, Respondent, Minn. Ct. App. 2022
Raleigh, d at 97-98; see also See State v. Cubas , (“Even when there is no prejudice to the state, a district court may deny plea withdrawal .
Hassan Isak Omar, petitioner, Appellant, Minn. Ct. App. 2021
(“Even when there is no prejudice to the state, a district court may deny plea withdrawal .
A20-1499 Minn. Ct. App. 2021
State of Minnesota, Respondent, Minn. Ct. App. 2021
However, the district court does not need to find pr ejudice to the state to deny a plea-withdrawal motion when the defendant fails to provide any “substantia ted reasons for withdrawal of his plea.” Raleigh, d at 98; see also State v. Cubas , (“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.”), review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2021
“Even when there is no prejudice to the state, a district court may deny plea withdrawal under [the fair -and-just standard] , if the defe ndant fails to advance valid reasons why withdrawal is fair and just.” State v. Cubas , , review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2020
review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2020
But the district court does not need to find prejudice to deny a plea-withdrawal motion when the defe ndant fails to provide any “substantiated reasons for withdrawal of his plea.” Raleigh, d at 98; (“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.”), review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2019
(“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons wh y withdrawal is fair and just.”), review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2019
if the defendant fails to advance valid reasons why withdrawal is fair and just.” State v. Cubas , review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2019
at 98; (“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.”), review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2019
See 8 Raleigh, d at 98; review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2019
“A district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2018
(citing Raleigh, d at 97-98), review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2018
if the defendant fails to advance valid reasons why withdrawal is fair and just.” State v. Cubas , review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2018
However, “[e]ven when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2017
d 220, 224 (Minn. App. 2013), review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2017
review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2017
“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” d 220, 224 (Minn. App. 2013), review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2017
State v. Cubas , review denied (Minn. Dec.
State of Minnesota, Respondent, Minn. Ct. App. 2017
Indeed, “[e]ven when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” State v. Cubas , review denied (Minn. Dec.
State of Minnesota v. Chaz Jacobi Beckman Minn. Ct. App. 2017
State of Minnesota v. Chaz Jacobi Beckman Minn. Ct. App. 2017
review denied (Minn. Dec.
State of Minnesota v. Arthur Anthony Torgesen Minn. Ct. App. 2017
State of Minnesota v. Arthur Anthony Torgesen Minn. Ct. App. 2017
We review the denial of a motion to withdraw a guilty plea under the fair and just standard for an abuse of discretion, and will reverse only in a “rare case.” review denied (Minn. Dec.
State of Minnesota v. Abass Warsame Mumin Minn. Ct. App. 2016
State of Minnesota v. Abass Warsame Mumin Minn. Ct. App. 2016
review denied (Minn. Dec.
State of Minnesota v. Titus Triston Miguel Mangun Minn. Ct. App. 2016
State of Minnesota v. Titus Triston Miguel Mangun Minn. Ct. App. 2016
In order to decide whether a defendant has met the fair-and-just standard, the district court considers “(1) the reasons advanced by the defendant in support of the motion and (2) any prejudice the granting of the motion would cause the prosecution by reason of actions taken in reliance upon the defendant’s plea.” (quotations omitted), review denied (Minn. Dec.
State of Minnesota v. Joshua David Wipper Minn. Ct. App. 2016
State of Minnesota v. Joshua David Wipper Minn. Ct. App. 2016
“Even when there is no prejudice to the state, a district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” review denied (Minn. Dec.
State of Minnesota v. Cody John Opheim Minn. Ct. App. 2016
State of Minnesota v. Cody John Opheim Minn. Ct. App. 2016
(“Although a decision to allow plea withdrawal is 14 discretionary under [rule 15.05,] subdivision 2, a district court must apply the standard mandated by the rule when exercising its discretion.”), review denied (Minn. Dec.
State of Minnesota v. Henry Davila Minn. Ct. App. 2016
State of Minnesota v. Henry Davila Minn. Ct. App. 2016
See Raleigh, d at 98; review denied (Minn. Dec.
State of Minnesota v. Tylynne Lashawn Wilson Minn. Ct. App. 2016
State of Minnesota v. Tylynne Lashawn Wilson Minn. Ct. App. 2016
“[A] district court may deny plea withdrawal under rule 15.05, subdivision 2, if the defendant fails to advance valid reasons why withdrawal is fair and just.” review denied (Dec.
State of Minnesota v. Yusuf Ahmed Osman Minn. Ct. App. 2015
State of Minnesota v. Yusuf Ahmed Osman Minn. Ct. App. 2015
We review the denial of a motion to withdraw a guilty plea under the fair and just standard for an abuse of discretion, and will reverse only in a “rare case.” (quotation omitted), review denied (Minn. Dec.