Cited by
Opinions in Minnesota that cite Roby v. State, 531 N.W.2d 482.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- Mark Scott Hendrickson, petitioner, Appellant, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- Kenny Lee Reed, FKA: Gordon David Reese, petitioner, Appellant, Minn. Ct. App. 2021
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Johnathan Bernard Edwards, petitioner, Appellant,
Minn. Ct. App. 2019
See Roby v. State , (concluding that claim could not be relitigated in a postconviction petition after assertion in pro se brief in prior direct appeal).
- Daniel Leith Renville, petitioner, Appellant, Minn. Ct. App. 2019
- Gail v. State 888 N.W.2d 474 Minn. 2016
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Gail v. State
888 N.W.2d 474
Minn. 2016
(“Pursuant to [ Minn. Stat. § 590.04 ," subd.
- In the Matter of the Welfare of: S.L.S., Child. Minn. Ct. App. 2016
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In the Matter of the Welfare of: S.L.S., Child.
Minn. Ct. App. 2016
See, n.1 (Minn. 1995) (explaining that direct appeal from a judgment of conviction is not the most appropriate way to raise an ineffective- assistance-of-counsel claim because the appellate court consequently lacks the facts of why counsel did or did not do certain things).
- Robert Patrick Butters v. State of Minnesota Minn. Ct. App. 2016
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Robert Patrick Butters v. State of Minnesota
Minn. Ct. App. 2016
Here, even if Butters’s brief may be construed as arguing the interests- of-justice exception, that exception is usually limited to unique situations when “the petitioner did not deliberately and inexcusably fail to raise the issue on direct appeal.” 4 (quotation omitted).
- Carlos Heard v. State of Minnesota Minn. Ct. App. 2015
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Carlos Heard v. State of Minnesota
Minn. Ct. App. 2015
The interests- 3 of-justice exception is generally limited to unique situations where the petitioner did not “deliberately and inexcusably fail to raise the issue on direct appeal.” (quotation omitted).
- Nissalke v. State 861 N.W.2d 88 Minn. 2015
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Nissalke v. State
861 N.W.2d 88
Minn. 2015
(Wahl, J., concurring specially).
- Harold David Yaritz v. State of Minnesota Minn. Ct. App. 2015
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Harold David Yaritz v. State of Minnesota
Minn. Ct. App. 2015
A claim is also not Knaffla barred in limited situations where “fairness so requires and if the petitioner did not deliberately and inexcusably fail to raise the issue on direct appeal.” (quotation marks omitted).
- Raymond Darrel Pfarr v. State of Minnesota Minn. Ct. App. 2014
- Raymond Darrel Pfarr v. State of Minnesota Minn. Ct. App. 2014
- Steven David Pawliszko v. State of Minnesota Minn. Ct. App. 2014
- Steven David Pawliszko v. State of Minnesota Minn. Ct. App. 2014
- State of Minnesota v. Brian Jeffrey Copeland Minn. Ct. App. 2014
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State of Minnesota v. Brian Jeffrey Copeland
Minn. Ct. App. 2014
“Generally, a direct appeal from a judgment of conviction is not the most appropriate way to raise a claim of ineffective assistance of trial counsel because the reviewing court does not have the benefit of all the facts concerning why defense counsel did or did not do certain things.” n.1 (Minn. 1995) (quotation omitted).
- Erickson v. State 842 N.W.2d 314 Minn. 2014
- Erickson v. State 842 N.W.2d 314 Minn. 2014
- Francis v. State 829 N.W.2d 415 Minn. 2013
- Francis v. State 829 N.W.2d 415 Minn. 2013
- Roby v. State 808 N.W.2d 20 Minn. 2011
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Roby v. State
808 N.W.2d 20
Minn. 2011
We affirmed the denial of both postconviction petitions in Roby v. State (Roby II), and Roby v. State (Roby III), respectively.
- Sanders v. State 791 N.W.2d 126 Minn. 2010
- Sanders v. State 791 N.W.2d 126 Minn. 2010
- Roby v. State 787 N.W.2d 186 Minn. 2010
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Roby v. State
787 N.W.2d 186
Minn. 2010
We affirmed both the conviction and the denial of Roby’s first two postconviction petitions in Roby I, d at 510 , Roby v. State (Roby II), and Roby v. State (Roby III), respectively.
- Francis v. State 781 N.W.2d 892 Minn. 2010
- Francis v. State 781 N.W.2d 892 Minn. 2010
- Barnes v. State 768 N.W.2d 359 Minn. 2009
- Barnes v. State 768 N.W.2d 359 Minn. 2009
- Williams v. State 764 N.W.2d 21 Minn. 2009
- Williams v. State 764 N.W.2d 21 Minn. 2009
- Quick v. State 757 N.W.2d 278 Minn. 2008
- Quick v. State 757 N.W.2d 278 Minn. 2008
- Jama v. State 756 N.W.2d 107 Minn. Ct. App. 2008
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Jama v. State
756 N.W.2d 107
Minn. Ct. App. 2008
Two exceptions to this general rule are when: (1) the “claim is so novel that it can be said that its legal basis was not reasonably available to counsel at the time the direct appeal was taken and decided”; or (2) fairness requires review and the petitioner “did not deliberately and inexcusably fail to raise the issue on direct appeal.” (quotation, omitted).
- Brocks v. State 753 N.W.2d 672 Minn. 2008
- Brocks v. State 753 N.W.2d 672 Minn. 2008
- Erickson v. State 725 N.W.2d 532 Minn. 2007
- Erickson v. State 725 N.W.2d 532 Minn. 2007
- Townsend v. State 723 N.W.2d 14 Minn. 2006
- Townsend v. State 723 N.W.2d 14 Minn. 2006