Cited by
Opinions in Minnesota that cite Pederson v. State, 649 N.W.2d 161.
-
Douglas Allan Treu, petitioner, Appellant,
Minn. Ct. App. 2025
A petitioner’s burden in a postconviction petition is to establish facts warranting relief “by 5 a fair preponderance of the evidence.” (citing Minn. Stat. § 590.04, subd.
- In the Matter of the Civil Commitment of: Renee Jean Tapper Minn. Ct. App. 2025
-
In the Matter of the Civil Commitment of: Renee Jean Tapper
Minn. Ct. App. 2025
–64 (Minn. 2002) (quotation omitted).
- In the Matter of: Amy Lynn Iverson v. Deven Allen Vanhouse Minn. Ct. App. 2025
-
In the Matter of: Amy Lynn Iverson v. Deven Allen Vanhouse
Minn. Ct. App. 2025
act to assure that parties have no reason to think their case is not being fairly judged.” -65 (Minn. 2002).
- State of Minnesota, Respondent, vs. Matthew Sam Mitchell, Appellant Minn. Ct. App. 2025
- State of Minnesota, Respondent, vs. Matthew Sam Mitchell, Appellant Minn. Ct. App. 2025
- In the Matter of the Welfare of the Children of: J. J. F., II, and M. J. B., … Minn. Ct. App. 2022
-
In the Matter of the Welfare of the Children of: J. J. F., II, and M. J. B., …
Minn. Ct. App. 2022
T.A.A., d at 707 n.2 ().
- In the Matter of the Welfare of the Children of: J. M., Parent. Minn. Ct. App. 2021
-
State of Minnesota, Respondent,
Minn. Ct. App. 2021
She notes that our supreme court has cautioned that “‘[j]udges should avoi d the appearance of impropriety and should act to assure that par ties have no reason to think their case is not being fairly judged.’” State v. Dorsey , (-65 (Minn. 2002)).
-
A20-0368
Minn. Ct. App. 2020
“[T]he practice of the verbatim adoption of a party’s proposed findings and conclusions is hardly commendable.”
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- A19-0850 A19-0851 A19-0852 Minn. Ct. App. 2019
- Andersen v. State 913 N.W.2d 417 Minn. 2018
-
Andersen v. State
913 N.W.2d 417
Minn. 2018
In the past, when courts have disregarded our rulings, see State v. Lefthand , , 801-02 (Minn. 1992), or when the integrity of the fact-finding process has needed protection, see Pederson v. State , , 164-65 (Minn. 2002), we have exercised our supervisory powers, which include the power to reverse a case prophylactically, see State v. Salitros , , 820 (Minn. 1993).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The decision whether to grant a new trial based upon newly discovered evidence rests with the court and will not be disturbed unless there is an abuse of discretion.”
- Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2017
-
Brett Thomas Green v. State of Minnesota
Minn. Ct. App. 2017
“The decision whether to grant a new trial based upon newly discovered evidence rests with the court and will not be disturbed unless there is an abuse of discretion.”
- State v. Munt 831 N.W.2d 569 Minn. 2013
-
State v. Munt
831 N.W.2d 569
Minn. 2013
To remain impartial, the judge “should avoid the appearance of impropriety and should act to assure that parties have no reason to think their case is not being fairly judged.” -65 (Minn.2002).
- State v. Lessley 779 N.W.2d 825 Minn. 2010
- State v. Schlienz 774 N.W.2d 361 Minn. 2009
-
State v. Schlienz
774 N.W.2d 361
Minn. 2009
(noting the need for a judge to “avoid the appearance of impropriety” and to “act to assure that parties have no reason to think that their case is not being judged fairly”).
- State v. Turnage 729 N.W.2d 593 Minn. 2007
-
State v. Turnage
729 N.W.2d 593
Minn. 2007
(“A petition for postconviction relief is a collateral attack on a judgment which carries a presumption of regularity and which, therefore, cannot be lightly set aside.”).
- Amundson v. State 714 N.W.2d 715 Minn. Ct. App. 2006
- Amundson v. State 714 N.W.2d 715 Minn. Ct. App. 2006
- Erickson v. State 702 N.W.2d 892 Minn. Ct. App. 2005
- Erickson v. State 702 N.W.2d 892 Minn. Ct. App. 2005
- In Re the Children of T.A.A. 702 N.W.2d 703 Minn. 2005
- State v. Dorsey 701 N.W.2d 238 Minn. 2005
-
State v. Dorsey
701 N.W.2d 238
Minn. 2005
In Pederson v. State, we said, “[t]o maintain public trust and confidence in the judiciary, judges should avoid the appearance of impropriety and should act to assure that parties have no reason to think their case is not being fairly judged.” -65 (Minn.2002).
-
In Re the Children of T.A.A.
702 N.W.2d 703
Minn. 2005
While we have declined to adopt a blanket prohibition on the practice, we take this opportunity to repeat that "[o]ur preference is 'for a court to independently develop its own findings.’ ” (citation omitted).
- Pederson v. State 692 N.W.2d 452 Minn. 2005
- Pederson v. State 692 N.W.2d 452 Minn. 2005
- Spann v. State 686 N.W.2d 868 Minn. Ct. App. 2004
-
Spann v. State
686 N.W.2d 868
Minn. Ct. App. 2004
“A petition for postconviction relief is a collateral attack on a judgment which carries a presumption of regularity and which, therefore, cannot be lightly set aside.”
- James v. State 674 N.W.2d 216 Minn. Ct. App. 2004
-
James v. State
674 N.W.2d 216
Minn. Ct. App. 2004
A postconviction relief petition collaterally attacks the district court’s decision — a decision that “carries a presumption of regularity and which, therefore, cannot be lightly set aside.”
- State v. Sime 669 N.W.2d 922 Minn. Ct. App. 2003
- State v. Sime 669 N.W.2d 922 Minn. Ct. App. 2003
- State v. Manley 664 N.W.2d 275 Minn. 2003
- State v. Manley 664 N.W.2d 275 Minn. 2003
- Dukes v. State 660 N.W.2d 804 Minn. 2003
- Dukes v. State 660 N.W.2d 804 Minn. 2003