Cited by
Opinions in Minnesota that cite State v. Luby, 904 N.W.2d 453.
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State of Minnesota v. Tremaine Tavion Williams
Minn. Ct. App. 2026
“When defense counsel concedes the defendant’s guilt without consent, counsel’s performance is deficient and prejudice is presumed.” (quotation omitted).
- State of Minnesota v. Abdusalam Omar Hussein Minn. Ct. App. 2025
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State of Minnesota v. Abdusalam Omar Hussein
Minn. Ct. App. 2025
Appellate courts “apply a two-step analysis to ineffective-assistance claims involving an alleged unauthorized concession of guilt.” (applying two-step analysis).
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State of Minnesota v. Jessee Lee Kuhns
Minn. Ct. App. 2025
“When defense counsel concedes the defendant’s guilt without consent, counsel’s performance is deficient and prejudice is presumed.” (quotation omitted).
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State of Minnesota v. Lionell Bailey
Minn. Ct. App. 2025
When trial counsel concedes guilt without the defendant’s consent, counsel’s performance “is deficient,” “prejudice is presumed,” and “the defendant is entitled to a new trial, regardless of whether [they] would have been convicted without the admission.” (quotations omitted).
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John Lee Littlejohn v. State of Minnesota
Minn. Ct. App. 2024
“When defense counsel concedes the defendant’s guilt without consent, counsel’s performance is deficient and prejudice is presumed.” (quotation omitted).
- State of Minnesota v. Esteban J Ramos, Jr. Minn. Ct. App. 2024
- State of Minnesota v. Cordell Martez Hall Minn. Ct. App. 2024
- In the Matter of the Welfare of: A. A. S., Child Minn. Ct. App. 2024
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In the Matter of the Welfare of: A. A. S., Child
Minn. Ct. App. 2024
when the concession was an understandable strategy and the defendant was present, understood a concession was being made, but failed to object.” (quotation omitted).
- State of Minnesota v. Ronald Eugene Brusacoram Minn. Ct. App. 2024
- State of Minnesota v. Ronald Eugene Brusacoram Minn. Ct. App. 2024
- State of Minnesota v. Rolmando Walker Minn. Ct. App. 2023
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State of Minnesota v. Rolmando Walker
Minn. Ct. App. 2023
d 453, 457 (Minn. 2017).
- State of Minnesota v. John Lee Littlejohn Minn. Ct. App. 2023
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Robert Alan Keogh v. State of Minnesota
Minn. Ct. App. 2022
We apply a “two-step analysis to ineffective-assistance claims involving an alleged unauthorized concession of guilt.” State v. Luby
- State of Minnesota v. Wade Allen Sorensen Minn. Ct. App. 2021
- State of Minnesota v. William Cleveland Alan Boykin Minn. Ct. App. 2021
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State of Minnesota v. John Arlo Bowen Omaha
Minn. Ct. App. 2021
“To succeed on an ineffective assistance of counsel claim, a defendant must show that (1) ‘his attorney’ s performance fell below an object ive standard of reasonableness,’ and (2) ‘a reasonable probability exists that the outcome would have been different, but for counsel’s errors.’” State v. Luby , ( ).
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State of Minnesota v. Zackary Andrew Brown
Minn. Ct. App. 2021
See, (reversing conviction where defense counsel conceded defendant’s guilt during closing arguments); Dukes v. State , (remanding to the postconviction court for further proceedings to determine whether defendant received ineffective assistance of counsel when his co
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State of Minnesota v. Limmie Edward Varner
Minn. Ct. App. 2020
“To succeed on an ineffective assistance of counsel claim, a defendant must show that (1) his attorney’s performance fell below an objective standard of reasonableness, and (2) a reasonable 5 probability exists that the outcome would have been different, but for counsel’s errors.” (quotation omitted); see also Strickland v. Washington, 466 U.S. 668, 687-88, 694, 104 S. Ct. 2052, 2064, 2068 (1984).
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State of Minnesota v. Boyd Jerome Morson, II
Minn. Ct. App. 2020
Doing so is deemed ineffective assistance of counsel, and “prejudice is presumed.” d 453, 457 (Minn. 2017) (quotation omitted).
- State of Minnesota v. Thomas Michael Luby Minn. Ct. App. 2020
- State of Minnesota v. Trejuan Dominic Miller Minn. Ct. App. 2020
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State of Minnesota v. Zachariah Steven Marczak
Minn. Ct. App. 2020
See, e.g., State v. Luby , -58 (Minn. 2017) (determining that admitting premeditation is a concession of guilt in a first -degree murder case); Prtine, d at 317 -18 (determining that admitting intent is a concession of guilt when discussing a lesser charge of second-degree murder).
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State of Minnesota v. William Cleveland Alan Boykin
Minn. Ct. App. 2020
ot reflect [ that he] either consented to or acquiesced in the concessions.” 6 Generally, “[t]o succeed on an ineffective assistance of counsel claim, a defendant must show that (1) his attorney’s performance fell below an objective standard of reasonableness, and (2) a reasonable probability exists that the outcome would have been different, but for counsel’s errors.” State v. Luby , (quotation omitted) ( citing Strickland v. Washington , 466 U.S. 668, 687 -88, 692, 104 S. Ct. 2052, 2064, 2067
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State of Minnesota v. Justin Joseph Huisman
Minn. Ct. App. 2019
D E C I S I O N Generally, for a criminal defendant to succeed on an ineffective -assistance-of- counsel claim, the defendant must show that: (1) “his [or her] attorney’s performance fell below an objective standard of reasonableness[,]” and (2) “a reasonable probabil ity exists that the outcome would have been different, but for counsel’s errors.” () (citing Strickland v. Washington, 466 U.S. 668, 687-88, 692, 104 S. Ct. 2052, 2064, 2067 (1984)).
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State of Minnesota v. Steven Douglas Nelson
Minn. Ct. App. 2019
d 453, 457 (Minn. 20 17).
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State of Minnesota v. Troy Lewis
Minn. Ct. App. 2019
“When defense counsel concedes the defe ndant’s guilt without consen t, counsel’s performance is deficient and prejudice is presumed.” (quotation om itted).