Cited by
Opinions in Minnesota that cite In Re Petition for Disciplinary Action Against Shaughnessy, 606 N.W.2d 670.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
See State v. Wukawitz , , 519 (Minn. 2003) (holding that imposition of a conditional-release period that does not strictly comply with statute is allowed when withdrawal of a plea would unduly prejudice the state, and expressly limiting the holding to situations where impo sition of a conditional-release period would violate the plea agreement); -75 (Minn. 2000) (stating that a p lea agreement was not violated when unaccounted-for conditional- release term exceeded the plea agreement’s maximum t
-
David Walt Studanski, petitioner, Appellant,
Minn. Ct. App. 2018
An unfulfilled plea agreemen t is not always rendered involuntary such that it requires withdrawal; rather, if a “plea agreem ent has been breached, the court may allow withdrawal of the plea, order specific performan ce, or alter the sentence if appropriate.” State v. Brown , Jumping Eagle, d at 43 (“[P]ossible remedies include requiring specific performance of the agreement, altering the sentence, or allowing the plea to be withdraw n.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
When such a promise is breached, a court “ ‘may allow withdrawal of the plea, order specific performance, or alter the sentence if appropriate.’” - 29 (Minn. 2005) (quoting State v. Brown , ).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
In determining whether a plea agreement was violated, appellate courts examine “what the parties to [the] plea bargain reas onably understood to be the terms of the agreement.” State v. Brown , (alteration in original) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- Michael Dejaris Denson, petitioner, Appellant, Minn. Ct. App. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
“What the parties agreed to in volves an issue of fact to be resolved by the district court.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
-
Leanne Starr, petitioner, Appellant,
Minn. Ct. App. 2017
When reviewing the voluntariness of a plea, appellate courts examine the record to ensure “that a guilty plea is not entered because of any improper pressures or inducements.” State v. Brown , (quotation omitted).
- Dikken v. State 896 N.W.2d 873 Minn. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
-
Erasmo Monge Rauda, petitioner, Appellant,
Minn. Ct. App. 2017
See Brady v. United States, 397 U.S. 742, 750, 90 S. Ct. 1463, 1470 (1970) (“[A ]gents of the State may not produce a plea by actual or thr eatened physical harm or by mental coercion overbearing the will of the defendant.”); (“A guilty plea cannot be induced by unfulfilled or unfulfillable promises .
- Joseph Milton Barnes, petitioner Respondent, Minn. Ct. App. 2017
-
John Patrick Murphy, petitioner, Appellant,
Minn. Ct. App. 2017
50, 90 S. Ct. 1463, 1470 (1970) (“[A]gents of the State may not produce a plea by actual or threatened physical harm or by mental coercion overbearing the will of the defendant.”); (noting the fact that a defendant denied 7 that he had been “subjected to threats or promises” was further evidence that his plea was voluntary); (“A guilty plea cannot be induced by unfulfilled or unfulfillable promises .
- State of Minnesota v. Arthur Anthony Torgesen Minn. Ct. App. 2017
-
Jason Donald Matakis v. State of Minnesota
Minn. Ct. App. 2017
42, 750, 90 S. Ct. 1463, 1470 (1970) (“[A]gents of the State may not produce a plea by actual or threatened physical harm or by mental coercion overbearing the will of the defendant.”); (noting the fact that a defendant denied that he had been “subjected to threats or promises” was further evidence that his plea was voluntary); d 670, 674 (Minn. 2000) (“A guilty plea cannot be induced by unfulfilled or unfulfillable promises .
-
State of Minnesota v. Melissa Rae Guillette
Minn. Ct. App. 2016
“In determining whether a plea agreement was violated, courts look to what the parties to the plea bargain reasonably understood to be the terms of the agreement.” (quotation omitted).
- State of Minnesota v. Leroy Lamar Morris Minn. Ct. App. 2016
- In the Matter of the Welfare of: S.L.S., Child. Minn. Ct. App. 2016
- State of Minnesota v. Abigail Rae Trulson Minn. Ct. App. 2016
-
State of Minnesota v. Ricardo Kletschka
Minn. Ct. App. 2016
“‘[W]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.’” (alteration in original) (quoting Santobello v. New York, 404 U.S. 257, 262, 92 S. Ct. 495, 499 (1971)).
- Jesse Lee Paskey v. State of Minnesota Minn. Ct. App. 2016
- Jonathan Nicholas Turner v. State of Minnesota Minn. Ct. App. 2016
- Brian Scott Poquette v. State of Minnesota Minn. Ct. App. 2016
-
State of Minnesota v. William James Chestnut
Minn. Ct. App. 2016
In order to determine whether the parties have honored a plea agreement, this court first looks to what the parties “reasonably understood to be the terms of the agreement.” (quotation omitted).
-
State of Minnesota v. Casey James Pederson
Minn. Ct. App. 2016
“The voluntariness requirement insures that a guilty plea is not entered because of any improper pressures or inducements.”
-
State of Minnesota v. Brittany Ann Vacko
Minn. Ct. App. 2016
“On demonstration that a plea agreement has been breached, the court may allow withdrawal of the plea, order specific performance, or alter the sentence if appropriate.”
- State of Minnesota v. Aaron Arnold Lind-Pashina Minn. Ct. App. 2016
-
Ignacio Olalde-Hernandez v. State of Minnesota
Minn. Ct. App. 2016
If a plea agreement is breached, the defendant’s guilty plea is invalid and the court “may allow withdrawal of the plea, order specific performance, or alter the sentence if appropriate.”
-
State of Minnesota v. Christopher Timothy Poorker
Minn. Ct. App. 2016
If a plea agreement is breached, the defendant’s guilty plea is invalid and “the court may allow withdrawal of the plea, order specific performance, or alter the sentence if appropriate.”
-
State of Minnesota v. Dean Ryan Kline
Minn. Ct. App. 2016
In order to determine whether the parties have honored a plea agreement, we first look to what the parties “reasonably understood to be the terms of the agreement.” d 670, 674 (Minn. 2000) (quotation omitted).
-
James Darnell Posey v. State of Minnesota
Minn. Ct. App. 2015
“The voluntariness 4 requirement insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
- Danny Lee Zinski v. State of Minnesota Minn. Ct. App. 2015
-
State of Minnesota v. Eric Peter Elijio
Minn. Ct. App. 2015
Voluntary “The voluntariness requirement insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
- Robel Belay Kubrom v. State of Minnesota 863 N.W.2d 88 Minn. Ct. App. 2015
-
Robyn Lynn Hager v. State of Minnesota
Minn. Ct. App. 2015
6 The requirement that a plea be voluntary “insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
-
Xavier Jerome Buckhanan v. State of Minnesota
Minn. Ct. App. 2015
“[W]hat the parties agreed to at the time of the plea agreement is an issue of fact to be resolved by the district court.” ().
-
State of Minnesota v. Gerald Raymond Gustafson
Minn. Ct. App. 2015
Voluntariness The voluntariness requirement of a valid guilty plea “insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
-
State of Minnesota v. Lamar King
Minn. Ct. App. 2015
“The voluntariness requirement insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
-
Otis Elliot Woodson v. State of Minnesota
Minn. Ct. App. 2015
The voluntariness requirement insures that a guilty plea is not entered because of any “improper pressures or inducements.”
- State of Minnesota v. Jermale Jermar Kling Minn. Ct. App. 2014
-
Steven Daniel Waldor v. State of Minnesota
Minn. Ct. App. 2014
“The voluntariness requirement insures that a guilty plea is not entered because of any 5 improper pressures or inducements.” (quotation omitted).
-
State of Minnesota v. Thomas Joseph McManus
Minn. Ct. App. 2014
The voluntariness requirement of a valid guilty plea “insures that a guilty plea is not entered because of any improper pressures or inducements.”
-
Maurion Jameal Travis v. State of Minnesota
Minn. Ct. App. 2014
“The voluntariness requirement insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
-
State of Minnesota v. Charles Chuck Jackson
Minn. Ct. App. 2014
The voluntariness requirement of a valid guilty plea “insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
-
State of Minnesota v. Evalyn Lia Bheaanu
Minn. Ct. App. 2014
“The voluntariness requirement insures that a guilty plea is not entered because of any improper pressures or inducements.” (quotation omitted).
- In re the Civil Commitment of Crosby 824 N.W.2d 351 Minn. Ct. App. 2013
- State v. Raleigh 778 N.W.2d 90 Minn. 2010