Cited by

Opinions in Minnesota that cite Nissalke v. State, 861 N.W.2d 88.

129 citing documents.

  • David Francis Chamberlain v. State of Minnesota Minn. Ct. App. 2026
    6 To receive an evidentiary hearing on an ineffective-assistance claim, a petitioner must allege facts that, if proved by a preponderance of the evidence, show that counsel’s performance “fell below an objective standard of reasonableness” and that, “but for counsel’s unprofessional errors, the result of the proceeding would have been different.” -94 (Minn. 2015) (quoting Strickland v. Washington, 466 U.S. 668, 694 (1984)).
  • State of Minnesota v. Jose Miguel Reyes-Jovel Minn. Ct. App. 2026
  • State of Minnesota v. Jose Miguel Reyes-Jovel Minn. Ct. App. 2026
    To establish a claim of ineffective assistance of counsel, a defendant must prove “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” (quoting Strickland, 466 U.S. at 688, 694).
  • State of Minnesota v. Oluwatoyin Emmanuel Aina Minn. Ct. App. 2026
  • State of Minnesota v. Oluwatoyin Emmanuel Aina Minn. Ct. App. 2026
    To establish a claim of ineffective assistance of counsel, the defendant “must prove: (1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 688, 694 (1984)).
  • State of Minnesota v. Jessee Lee Kuhns Minn. Ct. App. 2025
    - 94 (Minn. 2015) (citing Strickland v. Washington, 466 U.S. 668, 687, 694 (1984)).
  • John Lee Littlejohn v. State of Minnesota Minn. Ct. App. 2024
    -94 (Minn. 2015) (quoting Strickland v. Washington, 466 U.S. 668, 687, 694 (1984)).
  • State of Minnesota v. Jonathan Gerald Carlson Minn. Ct. App. 2024
  • Isaac Alonzo Cryer v. State of Minnesota Minn. Ct. App. 2024
    The Strickland test requires the petitioner to show (1) that “counsel’s representation ‘fell b elow an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel ’s unprofessional errors, the result of the proceeding would have been different.’” (quoting Strickland, 466 U.S. at 694).
  • Kristopher Lee Roybal v. State of Minnesota Minn. Ct. App. 2023
    To prevail on his ineffective-assistance-of-counsel claim, Roybal must demonstrate “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedin g would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 694 (1984)).
  • State of Minnesota v. Katherine Leona Collins Minn. Ct. App. 2023
    ” Nissalke v. State , (quotation omitted) .
  • Jeremy Bruce Cournoyer v. State of Minnesota Minn. Ct. App. 2023
    To prevail on an ineffective-assistance-of-counsel claim, “appellant must prove (1) that his counsel’s 9 representation fell below an objective standard of reasonableness; and (2) there is reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been diff erent.” Nissalke v. State
  • Chris Marquis McMorris v. State of Minnesota Minn. Ct. App. 2022
    To prevail on his ineffective-assistance-of- counsel claim, McMorris must demonstrate “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 688, 694 (1984)).
  • State of Minnesota v. Abdulahi Dahir Salad Minn. Ct. App. 2022
    “To be entitled to an evidentiary hearing on an ineffective-assistance-of-counsel claim, an appellant must allege facts that, if proven by a fair preponderance of the evidence, would satisfy the two-prong test announced in Strickland.” d 88, 93 (Minn. 2105) (quotation omitted).
  • Michael James Rye v. State of Minnesota Minn. Ct. App. 2022
    The post-conviction court reasoned that Rye failed to establish both requirements of his claim: first, that his attorney’s representation fell below an objective standard of reasonableness and, second, “‘there is a reasonable probability that, but for counsel’s unprofessional errors, the results of the proceeding would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 694 (1984)).
  • State of Minnesota v. Dale Eugene McDonald Minn. Ct. App. 2022
  • Charles Earl Strother v. State of Minnesota Minn. Ct. App. 2022
    See Nissalke v. State , (M inn.
  • Anthony Scott David Auginaush v. State of Minnesota Minn. Ct. App. 2021
  • Ernesto Reyes-Alcazar v. State of Minnesota Minn. Ct. App. 2021
    ctiveness of his first postconviction counse l. To establish ineffective assistance of counsel, a petitioner must establish that (1 ) the petitioner’s counsel’s representation fell below an “objective standard of reasonableness” and (2) “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Nissalke v. State , (quoting Strickland v. Washington, 466 U.S. 668, 687-88, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • Deontray Vershon Tate v. State of Minnesota Minn. Ct. App. 2021
  • Kevin Scott Smith v. State of Minnesota Minn. Ct. App. 2020
    The Strickland test requires the petitioner to establish “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the resu lt of the proceeding would have been different.’” (quoting Strickland, 466 U.S. 668 at 688, 694, 104 S. Ct. at 2064, 20 68).
  • Igor Pavlovich Albantov v. State of Minnesota Minn. Ct. App. 2020
    must be brought on direct appeal or it is Knaffla-barred.”
  • State of Minnesota v. James Obonyo Onuko Minn. Ct. App. 2020
    An appellant must show: “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there 8 is a reasonable probability that, but for counsel’s unprofessional errors , the result of the proceeding would have been different.’” Nissalke v. State , (quoting Strickland, 466 U.S. at 688, 694, 104 S. Ct. at 2064, 2068).
  • Felix Kasper Piah v. State of Minnesota Minn. Ct. App. 2020
    (noting that a reviewing court “may dispose of a clai m on one prong without considering the other”).
  • Vollie Andre Brown, Jr. v. State of Minnesota Minn. Ct. App. 2020
  • State of Minnesota v. Shawn Clarke Spottswood Minn. Ct. App. 2020
    A petition must contain factual support and allege “more than argumentative assertions.” (quotation omitted).
  • Joseph Harvey Bellanger v. State of Minnesota Minn. Ct. App. 2019
    To prevail on an ineffective-assistance-of-counsel claim, Bellanger must show “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’ s unprofessional errors, the result of the proceeding would have been different.’” (quoting Strickland v. Washington , 466 U.S. 66 8, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • State of Minnesota v. Scott Alan Klund Minn. Ct. App. 2019
    Appellant must show “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” (quoting Strickland, 466 U.S. at 688, 694, 104 S. Ct. at 2064, 2068) .
  • State of Minnesota v. Maurice Cairo Melancon Minn. Ct. App. 2019
    To prevail on his ineffective -assistance-of-counsel claim, Melancon must demonstrate 9 “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors , the result of the proceedin g would have been different.’” Nissalke v. State , (quoting Strickland v. Washington , 466 U.S. 668, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • Nissalke v. State 920 N.W.2d 187 Minn. 2018
  • Nissalke v. State 920 N.W.2d 187 Minn. 2018
    Nissalke v. State ( Nissalke II )
  • Adnan Mohamed Ali v. State of Minnesota Minn. Ct. App. 2018
    The Strickland test requires the petitioner to show (1) that “counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Nissalke v. State , 4 (Minn. 2015) (quoting Strickland v. Washington, 466 U.S. 668, 688, 104 S. Ct. 2052, 2064 (1984)).
  • State of Minnesota v. Michael Travis Porter Minn. Ct. App. 2018
    To prevail on an ineffective -assistance-of-counsel claim, a defendant must show “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Nissalke v. State , (quoting Strickland v. Washington , 466 U.S. 6 68, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • Joseph Duane Gustafson, Jr. v. State of Minnesota Minn. Ct. App. 2018
    See Nissalke v. State , (stating that a defendant alleging ineffective assistance of counsel must show that counsel’s representation fell below an objective standard of reasonableness and there is a reasonable probability that the result of the proceeding would have been different but for counsel’s errors); McDonough v.
  • State of Minnesota v. Geoffrey Robinson Minn. Ct. App. 2018
    To prevail on his claim, appellant must sh ow “(1) that his counsel’s representation ‘fell below an objective standard of reasona bleness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” Nissalke v. State , (quoting Strickland, 466 U.S. at 688, 694, 10 4 S. Ct. at 2064, 2068).
  • State of Minnesota v. Mark Thomas McGowan Minn. Ct. App. 2018
    To es tablish a claim for ineffective assistance of counsel, appellant must prove: “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for the counsel’s unprofessional errors, the result of the proceedi ng would have been different.’” Nissalke v. State , (quoting Strickland v. Washington, 466 U.S. 668, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • Esteban Trevino v. State of Minnesota Minn. Ct. App. 2018
    The Strickland test requires the petitioner to show 6 (1) that “counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would ha ve been different.’” Nissalke v. State , (quoting Strickland, 466 U.S. at 688, 694, 10 4 S. Ct. at 2064, 2068).
  • Rufus Cornelius Loyd v. State of Minnesota Minn. Ct. App. 2018
    ’” Nissalke v. State , ( quoting Strickland v. Washington , 466 U.S. 668, 68 8, 694, 104 S. Ct. 2052, 2064 , 2068 (1984)).
  • State of Minnesota v. Neil Ray Lystad Minn. Ct. App. 2018
    To prevail on such a claim, a defendant must show “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” (quoting Strickland v. Washington , 466 U.S. 668, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • State of Minnesota v. Antwan James Woods Minn. Ct. App. 2018
    To prevail on such a claim, the defendant must show “(1) that his counse l’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reas onable probability that, but for counsel’s unprofessional errors, the result of the pr oceeding would have been different.’” (quoting Strickland, 466 U.S. at 688, 694, 104 S. Ct. at 2064, 2068).
  • State of Minnesota v. Taylor James Pass, and Taylor James Pass, vs. State of Minnesota Minn. Ct. App. 2018
    A defendant claiming he was denied the effective assistance of counsel must demonstrate “(1) that his counsel ’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but 6 for counsel’ s unprofessional errors, the result of the proceeding would have been different.’” Nissalke v. State , (quoting Strickland v. Washington, 466 U.S. 668, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • Gideon Charles Arrington, II v. State of Minnesota Minn. Ct. App. 2018
    To prevail on an ineffective-assistance-of-counsel claim, a defendant must show “(1) that his couns el’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the pr oceeding would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 6 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • State of Minnesota v. Michael Gene Southern Minn. Ct. App. 2018
  • State of Minnesota v. Andre Jones Minn. Ct. App. 2017
    To prevail on an ineffective-assistance-of-counsel claim, a defendant must show “(1) that his couns el’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the pr oceeding would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • William Eduardo Fajardo v. State of Minnesota Minn. Ct. App. 2017
    To prevail on his ineffective-assistan ce-of-counsel claim, appellant must demonstrate “(1) that his counsel’s represen tation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reas onable probability that, but for counsel’s unprofessional errors, the result of the pr oceeding would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).
  • Hassan Mohamed Abdillahi v. State of Minnesota Minn. Ct. App. 2017
  • Zornes v. State 903 N.W.2d 411 Minn. 2017
  • Zornes v. State 903 N.W.2d 411 Minn. 2017
    “If 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 v. Mitchell Thomas Ellis Minn. Ct. App. 2017
    To prevail on his ineffective-assistance-of-counsel claim, Ellis must demonstrate “(1) that his counsel’s representation ‘fell below an objective standard of reasonableness’; and (2) ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceedin g would have been different.’” (quoting Strickland v. Washington, 466 U.S. 668, 688, 703, 104 S. Ct. 2052, 2064, 20 72 (1984)).
  • State of Minnesota v. Daniel Brian Keith Minn. Ct. App. 2017
    (citing Strickland, 466 U.S. 668, 688, 694, 104 S. Ct. 2052, 2064, 2068 (1984)).