Cited by
Opinions in Minnesota that cite State v. Nordstrom, 331 N.W.2d 901.
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Stewart Edward Underhill, Appellant,
Minn. Ct. App. 2023
Underhill cites the supreme court’s and this court’s rev. denied (Minn. Feb.
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
P. 15.09, and/or a plea petition “signed by the defendant and filed with the court as part of the record ,” State v. Nordstrom , (emphasis added) (citing Minn. R. Crim.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
State v. Nordstrom , -05 (Minn. 1983); see also State v. Simon , (rejecting defendant’s collateral attack when his guilty plea was counseled).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Albert Silas Garner, Jr. Minn. Ct. App. 2016
- State of Minnesota v. Albert Silas Garner, Jr. Minn. Ct. App. 2016
- State of Minnesota v. Ronald Robert Forster Minn. Ct. App. 2015
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State of Minnesota v. Ronald Robert Forster
Minn. Ct. App. 2015
d 901, 905 (Minn. 1983).
- State v. Maddox 825 N.W.2d 140 Minn. Ct. App. 2013
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State v. Maddox
825 N.W.2d 140
Minn. Ct. App. 2013
impossible to determine upon appellate review whether a waiver was knowing and intelligent.” , 904 n. 6 (Minn.1983) (noting that generally “[a] waiver of ...
- Carlton v. State 816 N.W.2d 590 Minn. 2012
- Hayes v. Commissioner of Public Safety 773 N.W.2d 134 Minn. Ct. App. 2009
- Hayes v. Commissioner of Public Safety 773 N.W.2d 134 Minn. Ct. App. 2009
- State v. McFee 721 N.W.2d 607 Minn. 2006
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State v. McFee
721 N.W.2d 607
Minn. 2006
where the defendant claimed that he pleaded guilty without the requisite waiver of his right to counsel.
- State v. Osborne 715 N.W.2d 436 Minn. 2006
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State v. Osborne
715 N.W.2d 436
Minn. 2006
State v. Casarez, 295 Minn. 534, 536 , State v. Moosbrugger, 263 Minn. 56, 61-62
- State v. Schmidt 712 N.W.2d 530 Minn. 2006
- State v. Schmidt 712 N.W.2d 530 Minn. 2006
- State v. Kouba 709 N.W.2d 299 Minn. Ct. App. 2006
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State v. Kouba
709 N.W.2d 299
Minn. Ct. App. 2006
For example, for purposes of enhanced penalty statutes in regard to sentencing, “[wjhere a defendant is unrepresented and there is no record of waiver of counsel, a prior conviction may be collaterally attacked on constitutional grounds and invalidated in a subsequent proceeding.”
- State v. Schuster 709 N.W.2d 282 Minn. Ct. App. 2006
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State v. Schuster
709 N.W.2d 282
Minn. Ct. App. 2006
Bergh, d at 737 ; (holding that a criminal conviction in which defendant was not represented could not be used to enhance subsequent DWI offense if the right to counsel was not properly waived).
- Spann v. State 704 N.W.2d 486 Minn. 2005
- Spann v. State 704 N.W.2d 486 Minn. 2005
- State v. Schmidt 701 N.W.2d 313 Minn. Ct. App. 2005
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State v. Schmidt
701 N.W.2d 313
Minn. Ct. App. 2005
In Dumas , in which the Minnesota Supreme Court held that a criminal conviction in which the defendant was not represented by counsel and the right to counsel was not properly waived, could not be used to enhance a subsequent DWI offense.
- State v. Bergh 679 N.W.2d 734 Minn. Ct. App. 2004
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State v. Bergh
679 N.W.2d 734
Minn. Ct. App. 2004
Prior to 1998, the seminal case on the use of a prior uncounseled conviction to enhance a
- State v. Hawanchak 669 N.W.2d 912 Minn. Ct. App. 2003
- State v. Hawanchak 669 N.W.2d 912 Minn. Ct. App. 2003
- State v. McLellan 655 N.W.2d 669 Minn. Ct. App. 2003
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State v. McLellan
655 N.W.2d 669
Minn. Ct. App. 2003
(applying Nordstrom to uncounseled Wisconsin guilty plea).
- State v. Mellett 642 N.W.2d 779 Minn. Ct. App. 2002
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State v. Mellett
642 N.W.2d 779
Minn. Ct. App. 2002
prohibits “the use of a prior unconstitutionally obtained conviction to enhance a subsequent charge.” Dumas, d at 302 (second emphasis added).
- Vernlund v. State 589 N.W.2d 307 Minn. Ct. App. 1999
- Vernlund v. State 589 N.W.2d 307 Minn. Ct. App. 1999
- State v. Dumas 587 N.W.2d 299 Minn. Ct. App. 1998
- State v. Dumas 587 N.W.2d 299 Minn. Ct. App. 1998
- Davis v. Commissioner of Public Safety 509 N.W.2d 380 Minn. Ct. App. 1994
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Davis v. Commissioner of Public Safety
509 N.W.2d 380
Minn. Ct. App. 1994
See, (challenging use of prior misdemeanor DWI to convert subsequent DWI into gross misdemeanor DWI).
- State v. Fussy 467 N.W.2d 601 Minn. 1991
- State v. Fussy 467 N.W.2d 601 Minn. 1991
- McDonnell v. Commissioner of Public Safety 460 N.W.2d 363 Minn. Ct. App. 1990
- State v. Fussy 458 N.W.2d 428 Minn. Ct. App. 1990
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State v. Fussy
458 N.W.2d 428
Minn. Ct. App. 1990
the supreme court held that a prior conviction may not be admitted in a proceeding which uses the prior conviction as an element of a current charge if the prior conviction is constitutionally invalid.
- Friedman v. Commissioner of Public Safety 455 N.W.2d 93 Minn. Ct. App. 1990