Cited by
Opinions in Minnesota that cite Andersen v. State, 913 N.W.2d 417.
-
Malachi Henessey Rodriguez v. State of Minnesota
Minn. Ct. App. 2024
In deciding whether to hold a hearing, “a postconviction court considers the facts alleged in the petition as true and construes them in the light most favorable to the petitioner.” Andersen v. State, 3 -23 (Minn. 2018) (quotation omitted).
- Nathan Wesley McDonald v. State of Minnesota Minn. Ct. App. 2024
-
Nathan Wesley McDonald v. State of Minnesota
Minn. Ct. App. 2024
In making this decision, “a postconviction court considers the facts alleged in the petition as true and construes them in the light most favorable to the petitioner.” d 417, 422-23 (Minn. 2018) (quotation omitted).
-
State of Minnesota v. Wade Scott Reinhard
Minn. Ct. App. 2024
“[Appellate courts] review a postconviction court’s summary denial of a petition for postconviction relief for an abuse of discretion.”
- State of Minnesota v. Casey Lee Frankl Minn. Ct. App. 2024
- State of Minnesota v. Casey Lee Frankl Minn. Ct. App. 2024
-
State of Minnesota v. Derrick Lee Roberts
Minn. Ct. App. 2024
In making this decision, “a postconviction court considers the facts alleged in the petition as true and construes them in the light most favorable to the petitioner.” -23 (Minn. 2018) (quotation omitted).
- Randy Terrell Mayberry v. State of Minnesota Minn. Ct. App. 2023
-
Randy Terrell Mayberry v. State of Minnesota
Minn. Ct. App. 2023
In making this decision, “a postconviction court considers the facts alleged in the petition as true and 16 construes them in the light most favorable to the petitioner.” d 417, 422-23 (Minn. 2018) (quotation omitted).
-
State of Minnesota v. Weston Marshal Voeltz
Minn. Ct. App. 2023
Minnesota law “authorizes ‘a person convicted of a crime’ to seek postconviction relief by filing a petition claiming that the conviction ‘violated the person’s rights under the Constitution or laws of the United States or of the state.’” (quoting Minn. Stat. § 590.01, subd 1(1) (2016)).
-
Lance Arnold Kingbird v. State of Minnesota
Minn. Ct. App. 2023
see Minn. Stat. § 590.01, subd.
- State of Minnesota v. Brenda Marie Tucker (A22-0966), and Brenda Marie Tucker (A22-0979), vs. State of Minnesota Minn. Ct. App. 2023
- , A22-0290 Minn. 2023
-
Jason Elliot Peterson v. State of Minnesota
Minn. Ct. App. 2023
(stating the summary dismissal of a postconviction petition is reviewed for an abuse of discretion).
-
State of Minnesota v. Jeffrey Alan Mcraven
Minn. Ct. App. 2023
“A postconviction court abuses its discretion when its decision is 10 based on an erroneous view of the law or is against logic and the facts in the record.” (quotation omitted).
-
State of Minnesota v. Mal Pauliet Tharjiath
Minn. Ct. App. 2023
Minnesota law “authorizes ‘a person convicted of a crime’ to seek postconviction relief by filing a petition claiming that the conviction ‘violated the person’s rights under the Constitution or laws of the United States or of the state.’” (quoting Minn. Stat. § 590.01, subd.
-
State of Minnesota v. Anthony Barrett Graham
Minn. Ct. App. 2023
In determining whether an evidentiary hearing is required, 10 the postconviction court must consider the facts alleged in the petition as true and view them in “the light most favorable to the petitioner.” -23 (Minn. 2018) (quotation omitted).
-
Melissa Lynn Hanson v. State of Minnesota
Minn. Ct. App. 2023
A district court may deny a petition without an evidentiary hearing only if “the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief.” (quotation omitted).
- State of Minnesota v. Lawrence Michael Johnson Minn. Ct. App. 2023
-
, A22-0057
Minn. 2022
Andersen v. State (Andersen III)
-
State of Minnesota v. Abdulahi Dahir Salad
Minn. Ct. App. 2022
“Upon filing a petition for postconviction relief, an evidentiary hearing must be held unless the petition and the files and records of the proceeding conclusively show that the petitioner is 12 entitled to no relief.” (quotation omitted).
-
State of Minnesota v. Artavies Raymone Moore
Minn. Ct. App. 2022
d 417, 422-23 (Minn. 2018).
- Matthias Jacob Gould v. State of Minnesota Minn. Ct. App. 2022
-
Herald Edward Liu v. State of Minnesota
Minn. Ct. App. 2022
Pearson v. State , ; (stating the denial of an evidentiary hearing and summary dismissal of a postconviction petition is reviewed for an abuse of discretion) .
- State of Minnesota v. Marcel Dylan Zephier Minn. Ct. App. 2022
-
Pao Choua Xiong v. State of Minnesota
Minn. Ct. App. 2021
5 proceeding conclusively show that the petitioner is entitled to no relief.’” (quoting Minn. Stat. § 590.04, subd.
-
State of Minnesota v. Cassandra Lynn Sheimo
Minn. Ct. App. 2021
To determine whether an evidentiary hearing is required, the postconviction court must consider the facts alleged in the petition as true and view them in “the light most favorable to the petitioner.” Anderson v. State , -23 (Minn. 2018) (quotation omitted).
- Lance Arnold Kingbird v. State of Minnesota Minn. Ct. App. 2021
-
John Stephen Woodward v. State of Minnesota
Minn. Ct. App. 2021
“In determining whether an evidentiary hearing is required, a postconviction court considers the facts alleged in the petition as true and construes them in the light most favorable to the petitioner.” -23 (Minn. 2018) (quotation omitted).
-
Jose Santoya Juarez v. State of Minnesota
Minn. Ct. App. 2021
A petition “filed outside the statute of limitations may be summarily denied, unless a statutory exception applies.”
-
State of Minnesota v. Lawrence Carl Demetrious White
Minn. Ct. App. 2021
DECISION Appellate courts review a district court’s “summary denial of a petition for postconviction relief for an abuse of discretion.”
-
Jimmie Dunlap, Jr. v. State of Minnesota
Minn. Ct. App. 2021
To 7 determine whether an evidentiary hearing is required, the dist rict court must consider the facts alleged in the petition as true and view them in “the light most favorable to the petitioner.” -23 (Minn. 2018) (quotation omitted).
-
State of Minnesota v. Jimmy Jay Hortiz
Minn. Ct. App. 2021
” 11 (quotation omitted).
- Jonah James Hawkins v. State of Minnesota Minn. Ct. App. 2021
-
Maurice Lovell Anderson v. State of Minnesota
Minn. Ct. App. 2021
The clear -and-convincing standard is satisfied “only when the evidence is unequivocal, intrinsically probable, and free from frailties.” (quotation omitted) .
-
State of Minnesota v. Curtis Lee Brame
Minn. Ct. App. 2021
Andersen v. State , -23 (Minn. 2018) (quotations and citations omitted).
-
State of Minnesota v. Shawn Merle Mechtel
Minn. Ct. App. 2021
We review a district court’s “summary denial of a petition for postconviction relief for an abuse of discretion.”
-
Dario Jothzan Abla-Salmeron v. State of Minnesota
Minn. Ct. App. 2021
DECISION “A petition [for postconviction relief] that is filed outside the statute of limitations may be summarily denied, unless a statutory exception applies.” Andersen v. State , 23 (Minn. 2018) (quotations and citations omitted).
-
State of Minnesota v. Nashid Asmir Abdul-Zahir
Minn. Ct. App. 2021
“A postconviction court abuses its discretion when its decision is based on an erroneous view of the law or is against logic and the facts in the record.”
-
State of Minnesota v. Pierce Gerald Heston
Minn. Ct. App. 2021
To determine whether an evidentiary hearing is required, “a postconviction court considers the facts alleged in the petit ion as true and construes them in the light most 8 favorable to the petitioner.” Andersen v. State , –23 (Minn. 2018) (quotation omitted).
-
Shareef Najeeaullah Shaheed v. State of Minnesota
Minn. Ct. App. 2021
“In determining whether an evidentiary hearing is required, a postconviction court considers the facts alleged in the petition as true and construes them in the light most favorable to the petitioner.” -23 (Minn. 2018) (quotation omitted).
- James Michael Soderbeck v. State of Minnesota Minn. Ct. App. 2021
- Donald Gordon Moore v. State of Minnesota Minn. Ct. App. 2020
-
Carlos Heard v. State of Minnesota
Minn. Ct. App. 2020
“In determining whether an evidentiary hearing is required, a postconviction court considers the facts alleged in the petition as true and construes them in the light most favorable to the petitioner.” Andersen v. State , (quotation omitted).
-
Kevin Scott Smith v. State of Minnesota
Minn. Ct. App. 2020
To determine whether an evidentiary hearing is required, the postconviction court must consider the facts alleged in the petition as true and view them in “the light most favorable to the petitioner.” -23 (Minn. 2018) (quotation omitted).
-
Igor Pavlovich Albantov v. State of Minnesota
Minn. Ct. App. 2020
“In determining whether an evidentiary hearing is required, a postconviction court considers the facts alleged in t he petition as true and construes them in the light most favorable to the petitioner.” Andersen 6 v. State, (quotation omitted).
- Ronnie Bila Shaka v. State of Minnesota Minn. Ct. App. 2020
-
Eliseo Nmn Hernandez v. State of Minnesota
Minn. Ct. App. 2020
D E C I S I O N I. “[Appellate courts] review a postconviction court’s summary denial of a petition for postconviction relief for an abuse of discretion.” 4 (Minn. 2018).
-
Antonio Xavier Daniels v. State of Minnesota
Minn. Ct. App. 2020
Appellate courts “review a postconviction court’s summary denial of a petition for postconviction relief for an abuse of discretion.”
-
Jermaine Octavious Stansberry v. State of Minnesota
Minn. Ct. App. 2020
9 While courts assume that the facts asse rted in a postconviction petition are true, -23 (Minn. 2018), Stansberry still bears the burden to establish facts that entitle him to relief by more th an mere argumentative assertions without factual support.