Cited by
Opinions in Minnesota that cite In re Reinstatement to the Practice of Law O'Toole, 560 N.W.2d 83.
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Sean William Roulo, petitioner, Appellant,
Minn. Ct. App. 2026
When a defendant and counsel disagree about which issues to raise on appeal, “counsel has no duty to include claims which would detract from other more meritorious issues.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
But an appellate court may address the claim in a direct appeal if there is “no need for additional 7 facts to explain the attorney’s decisions.” n.1 (Minn. 1997).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
But we may address an ineffective-assistance claim in a direct appeal if “there is no need for additional facts to explain the attorney’s decisions.” n.1 (Minn. 1997).
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
An appellate court can address an ineffective-assistance-of-counsel claim in a direct appeal if there is “no need for additional facts to explain the attorney’s decisions.” n.1 (Minn. 1997).
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State of Minnesota v. Shawn Dione Davenport
Minn. Ct. App. 2024
(d 83, 85 n.1 (Minn. 1997)).
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State of Minnesota v. Ali Ahmed Omar
Minn. Ct. App. 2024
An appellate court can address an ineffective-assistance-of-counsel claim if there is a sufficient record, meaning there is “no need for additional facts to explain the attorney’s decisions.” d 83, 85 n.1 (Minn. 1997).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(d 83, 85 n.1 (Minn. 1997)).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(d 83, 85 n.1 (Minn. 1997)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(d 83, 85 n.1 (Minn. 1997)).
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State of Minnesota, Respondent, vs. Matthew James Preston, Appellant.
Minn. Ct. App. 2021
( d 83, 85 n.1 (Minn. 1997)).
- Kenny Lee Reed, FKA: Gordon David Reese, petitioner, Appellant, Minn. Ct. App. 2021
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State of Minnesota,
Minn. 2020
State v. Barnes , d 325, 335 (Minn. 2006) (citing Black v. State , n.1 ( Minn. 1997)).7 Likewise, Reek’s claims regarding his counsel’s alleged failure to effectively cross- examine some witnesses relies on facts not found in the record.
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Miguel Angel Rodriguez, petitioner, Appellant,
Minn. Ct. App. 2020
of counsel claim should be raised in a postconviction petition for relief, rather than on direct appeal” on the ground that “a postconviction hearing provides the court with ‘additional facts to explain the attorney’s decisions,’ so as to properly consider whether a defense counsel’s performance was deficient.” (quo ting Black v. State , n.1 (Minn. 1997)).
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Onyelobi v. State
932 N.W.2d 272
Minn. 2019
See Black v. State , , 85 (Minn. 1997) ; see also Lussier v. State , , 152 (Minn. 2014).
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State v. Schloegl
915 N.W.2d 14
Minn. Ct. App. 2018
5(17)-(19), as recognized in Black v. State , , 86 (Minn. 1997).
- , A17-1301 Minn. Ct. App. 2018
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A17-0708
Minn. Ct. App. 2017
5, as recognized in Black v. State , d 83, 86 (Minn. 1997).
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Pearson v. State
891 N.W.2d 590
Minn. 2017
at 626 (emphasis omitted) (), A claim of ineffective assistance of trial counsel that cannot be decided on the district court record because it requires additional evidence, however, need not be brought on direct appeal and may be brought in a posteonviction petition.
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Brent Lanier Lynch, petitioner, Appellant,
Minn. Ct. App. 2017
rd of reasonableness” or, second, that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Arredondo, d at 571; (stating that “appellate counsel is not ineffective for fa iling to raise issues that themselves have no merit”); (concluding that appellate counsel was not ineffective for not raising issue that counsel deems without merit).
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Timothy Ayman Bakdash v. State of Minnesota
Minn. Ct. App. 2016
“Once a direct appeal has been taken, all claims raised in that appeal, all claims known at the time of that appeal, and all claims that should have been known at the time of that appeal will not be considered in a subsequent petition for postconviction relief.” ( Knaffla, 309 Minn. at 252, d at 741).
- Enamidem Celestine Okon v. State of Minnesota Minn. Ct. App. 2016
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State of Minnesota v. Gonsalo Cosme-Garsia
Minn. Ct. App. 2016
Generally, an ineffective-assistance-of-counsel claim is raised in a petition for postconviction relief rather than on direct appeal because a postconviction hearing provides the court with “additional facts to explain the attorney’s decisions.” n.1 (Minn. 1997).
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Darryl Colbert v. State of Minnesota
870 N.W.2d 616
Minn. 2015
we reformulated the Knaffla rule as follows: once a direct appeal has been taken, all claims raised in the direct appeal and all claims that were known or should have been known but were not raised in the direct appeal are procedurally barred.
- State of Minnesota v. Jyron Mendale Young Minn. Ct. App. 2015
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Steven David Pawliszko v. State of Minnesota
Minn. Ct. App. 2014
Leake, d at 535 ( Knaffla, 309 Minn. at 252, d at 741).
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Martin v. State
825 N.W.2d 734
Minn. 2013
(“We will not allow [the petitioner] to avoid the Knaffla limitation simply by restating an evidentiary issue in terms of ineffective assistance of trial counsel.”); *746 110 (Minn.2006).
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Larson v. State
801 N.W.2d 222
Minn. Ct. App. 2011
to support this proposition.
- Francis v. State 781 N.W.2d 892 Minn. 2010
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State v. Brown
758 N.W.2d 594
Minn. Ct. App. 2008
5(17-19), Liptak v. State ex rel.
- 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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Arredondo v. State
754 N.W.2d 566
Minn. 2008
(noting “that an ineffective assistance of trial counsel claim is generally Knaffla- barred in a postconviction petition if the claim can be decided on the basis of the trial record and the briefs”); see also Leake, d at 535-36
- State v. Jones 753 N.W.2d 677 Minn. 2008
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Hannon v. State
752 N.W.2d 518
Minn. 2008
“Once a direct appeal has been taken, all claims raised in that appeal, all claims known at the time of that appeal, and all claims that should have been known at the time of that appeal will not be considered in a subsequent petition for postconvietion relief.” ( and State v. Knaffla, 309 Minn. 246, 252 , ).
- Ashby v. State 752 N.W.2d 76 Minn. 2008
- Ganpat v. State 746 N.W.2d 891 Minn. 2008
- Brown v. State 746 N.W.2d 640 Minn. 2008
- Hathaway v. State 741 N.W.2d 875 Minn. 2007
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Stutelberg v. State
741 N.W.2d 867
Minn. 2007
(deciding to evaluate the merits of petitioner’s claims although his 10-year delay “alone may be sufficient grounds” for dismissing his petition); -86 (Minn.1997) (holding that although the petitioner’s claims were either procedurally barred or meritless, the 18-year delay between his conviction and the filing of his petition was “a sufficient basis for affirming” the district court’s denial of the petition); Houghton v. State, 296 Minn. 494, 495 , d
- Dukes v. State 718 N.W.2d 920 Minn. 2006
- Jihad v. State 714 N.W.2d 445 Minn. 2006
- State v. Barnes 713 N.W.2d 325 Minn. 2006
- White v. State 711 N.W.2d 106 Minn. 2006
- State v. Gillespie 710 N.W.2d 289 Minn. Ct. App. 2006
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Pederson v. State
692 N.W.2d 452
Minn. 2005
(citing State v. Knaffla, 309 Minn. 246, 252 , ).
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Zenanko v. State
688 N.W.2d 861
Minn. 2004
f justice exception to Knaffla , fairness requires substantive review of his claims because of: (1) the refusal to grant petitioner a complete set of trial transcripts, (2) the bias of the postconviction judge, (3) the “improper procedural default” caused by appellate counsel’s advice, (4) the uneonstitutionality of Knaffla , (5) and (6) the improper procedural default of Zenanko’s ineffective assistance of counsel issue.
- Henderson v. State 675 N.W.2d 318 Minn. 2004
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Patterson v. State
670 N.W.2d 439
Minn. 2003
(basing claim on an issue "specifically addressed on direct appeal is without merit.’’)