Cited by
Opinions in Minnesota that cite In re Disciplinary Action Against Waters, 847 N.W.2d 248.
- State of Minnesota v. Darrnell Maurice Samir Cooper Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
d 248, 267 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Compelling circumstances may exist when “the sentence is disproportionate to the offense or unfairly exaggerates the criminality of the defendant’s conduct.”
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Scott Solon Schaefer-Bonovsky, petitioner, Appellant,
Minn. Ct. App. 2026
and rejecting a plea based on a plausible but ultimately unsuccessful defense.” d 248, 268 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Strickland, 466 U.S. at 687-88 ; -67 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(applying the Strickland test in a Minnesota criminal case); , 535 (Minn. App. 2017) (applying the two- prong test and not an abuse-of-discretion standard when an ineffective-assistance-of-counsel claim was brought on direct appeal).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(applying Strickland); (applying the two- prong test when an ineffective-assistance-of-counsel claim was brought on direct appeal).
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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
“The objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” -67 (Minn. 2014) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota v. Larry Joe Foster
Minn. 2025
C-1 912 – Milaca, (reversing Workers’ Compensation Court of Appeals because it relied on a claim not raised on appeal to reverse compensation judge’s decision); n.4 (Minn. 2014) (“Because appellant does not challenge the sufficiency of the evidence that appellant was in or had just exited a motor vehicle, we do not address that issue.”); d 541, 551 n.4 (Minn. 2010) (noting that, because the parties did not raise an issue, the issue was not b
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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Thomas Gabor Gratzer, petitioner, Respondent,
Minn. Ct. App. 2025
“The objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” –67 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
” -67 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Appellate courts “afford the district court great discretion in the imposition of sentences and cannot substitute [their] judgment for that of the district court.”
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Joshua Chiazor Ezeka, Appellant, vs. State of Minnesota, Respondent
Minn. 2025
“The objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney 19 would perform under similar circumstances.” (citation omitted) (internal quotation marks omitted).
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In the Matter of the Welfare of: C. P. M., Child.
Minn. Ct. App. 2025
” 6-67 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
For the first prong, “ [t]he objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” 6-67 (Minn. 2014) (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(“Generally, we will not review an ineffective -assistance-of-counsel claim that is based on trial strategy.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(“Generally, we will not review an ineffective-assistance-of-counsel claim that is based on trial strategy.
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Chad Alan Hoflock, petitioner, Appellant,
Minn. Ct. App. 2024
“The objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” − 67 (Minn. 2014) (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“The objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” -67 (Minn. 2014) (quotation omitted).
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State of Minnesota v. Sidney Phillip Monette
Minn. Ct. App. 2024
A district court abuses its discretion if the instructions given to the jury “confuse, mislead, or materially misstate the law.”
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State of Minnesota v. Delilah Golden Metoxen
Minn. Ct. App. 2024
Compelling circumstances may exist when the defendant’s “sentence is disproportionate to the offense or unfairly exaggerates the criminality of the defendant’s conduct.”
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State of Minnesota v. Shanell Jane Patience Gofan
Minn. Ct. App. 2024
Compelling circumstances may exist when the defendant’s “sentence is disproportionate to the offense or unfairly exaggerates the criminality of the defendant’s conduct.”
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Fidele Ndaruhutse v. State of Minnesota
Minn. Ct. App. 2024
“The objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” -67 (Minn. 2014) (quotation omitted).
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State of Minnesota v. Kenwan Deshawn Hunter
Minn. Ct. App. 2024
A defendant has the burden to present “evidence to support a claim of self-defense, but once the defendant has 4 met that burden, the [s]tate has the burden of disproving one or more of the elements of the defense beyond a reasonable doubt.”
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State of Minnesota v. Bryant Jerome Stephenson
Minn. Ct. App. 2024
e Court has expressly held that a district court “did not abuse its discretion by imposing a longer sentence upon appellant after his trial and conviction,” reasoning that “[t]here are significant justifications for a sentencing judge to impose a more onerous sentence after trial than that received pursuant to a plea agreement.” State v. Vang, 7
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State of Minnesota v. Ali Ahmed Omar
Minn. Ct. App. 2024
d 248, 267 (Minn. 2014).
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State of Minnesota v. Gavin Patrick Meany
Minn. Ct. App. 2024
in which a defendant was convicted based on a guilty plea, was successful on appeal in invalidating the plea, was convicted a second time after a jury trial, and received a more onerous sentence than he previously had received.
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State of Minnesota v. Casey Lee Frankl
Minn. Ct. App. 2024
466 U.S. at 687-88; -67 (Minn. 2014).
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State of Minnesota v. Gregory Steven Proell, Jr.
Minn. Ct. App. 2024
See Rhoades, d at 137-38; (noting that, appellate courts review the imposition of multiple and consecutive sentences when multiple victims are involved under the abuse-of-discretion standard, and multiple sentences will be upheld so long as they do not unfairly exaggerate the criminality of the conduct); (“[Appellate courts] will not interfere with a district court’s discretion in sentencing unless the sentence is disproportionate to the offense or unfairly exaggerates the criminality of the def
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State of Minnesota v. Mitchel Jerome Kasper
Minn. Ct. App. 2023
“An error is plain if it is clear or obvious; usually this means an error that violates or contradicts case law, a rule, or an applicable standard of conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Strickland, 466 U.S. at 687-88; -67 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
However, Minn. Stat. §§ 260B.001-.446 (2022) carve out “a narrow category of cases from the subject matter jurisdiction of district courts and vest[] that jurisdiction exclusively in the juvenile court.”2
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In assessing whether the representation by Winston’s counsel fell below an objective standard of reasonableness under the first prong of the Strickland test, we look to 6 whether his counsel performed to the standard of “an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” -67 (Minn. 2014) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
On appeal, we do not interfere with a district court’s discretion in sentencing “unless the sentence is disproportionate to the offense or unfairly exaggerates the criminality of the defendant’s conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
An error is plain if “it is clear or obvious; usually this means an error that violates or contradicts caselaw, a rule, or an applicable standard of conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(“The determination of which defenses to raise represents an attorney’s trial strategy.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We “will not interfere with a district court’s discretion in sentencing unless the s entence is disproportionate to the offense or unfairly exaggerates the criminality of the defendant’s conduct.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
See Sanchez-Diaz v. State , (stating that appellate courts “will not review ineffective -assistance-of-counsel claims based on trial strategy ); (stating that trial strategy includes extent of counsel’s investigation); (“The determination of which defenses to raise represents an attorney’s trial strategy.”).
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Minn. 2022
In determining whether a punishment is cruel under Article I, Section 5 , of the Minnesota Constitution, we “compare the gravity of the offense to the severity of the sentence.” 7 State v. Vang , (citation omitted) (internal quotaton marks omitted) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(“We need not analyze both prongs if either one is determinative.”).
- Douglas Wayne Braker, petitioner, Appellant, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
State v. Meyers , (reviewing length of sentencing departure); State v. Vang , (reviewing decision to impose consecutive sentences).
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Charles Earl Strother, petitioner, Appellant,
Minn. Ct. App. 2022
“The objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances.” State v. Vang , -67 (Minn. 2014) (quotation omitted).
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Pao Choua Xiong, petitioner, Appellant,
Minn. Ct. App. 2021
d 665, 671 (Minn. 2020) ().
- Joseph Christen Thoresen, Minn. 2021
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Dylan Matthew Deling, petitioner, Appellant,
Minn. Ct. App. 2021
“T he objective standard of reasonableness is defined as representation by an attorney exercising the customary skills and diligence that a reasonably competent attorney would perfo rm under similar circumstances.” -67 (Minn. 2014) (quotation omitted).