Cited by
Opinions in Minnesota that cite State v. Luby, 904 N.W.2d 453.
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State of Minnesota, Respondent,
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, Respondent, vs. Abdusalam Omar Hussein, Appellant Minn. Ct. App. 2025
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State of Minnesota, Respondent, vs. Abdusalam Omar Hussein, Appellant
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, Respondent,
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, Respondent,
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, petitioner, Appellant,
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, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, 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).
- A23-0239 State of Minnesota v. Ronald Eugene Brusacoram Minn. Ct. App. 2024
- A23-0239 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, Respondent, Minn. Ct. App. 2023
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Robert Alan Keogh, petitioner, Appellant,
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, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2020
- A19-1330 Minn. Ct. App. 2020
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
Minn. Ct. App. 2019
d 453, 457 (Minn. 20 17).
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A18-1846
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).