Cited by
Opinions in Minnesota that cite Alanis v. State, 583 N.W.2d 573.
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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Germaine Yurii Butler, petitioner, Appellant,
Minn. Ct. App. 2025
A direct consequence is one that flows “definitely, immediately, and automatically from the guilty plea—the maximum sentence and any fine to be imposed.”
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Chad Alan Hoflock, petitioner, Appellant,
Minn. Ct. App. 2024
Hoflock contends that the supreme court’s d 573 (Minn. 1998), requires us to allow him to withdraw his pleas.
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
10 ( abrogated in part by Padilla v. Kentucky, 559 U.S. 356, 374 (2010) ); see also Campos v. State
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Direct cons equences are those “which flow definitely, immediately, and automatically from the guilty plea—the maximum sentence and any fine to be imposed.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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Blama Jamie Koilor, Jr., petitioner, Appellant,
Minn. Ct. App. 2021
Because the state accepts this premise and because we are limited to the arguments as they are presented to us, for purposes of our review in this case, -79 (Minn. 1998), that held th at ignorance of deportation consequences does not entitle a criminal defendant to withdraw a guilty plea.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
As a result, and as part of the PSI, the Minnesota probation agent contacted a California probation agent who would be supervising appellant and who recommended many of the “special conditions.” 4 definitely, immediately, and automatically from the guilty plea—the maximum sentence and any fine to be imposed.” -42 (Minn. App. 20 13) (holding direct consequences “are those which flow definitely, immediately, and automatically from the guilty plea, such as the maximum sentence to be imposed and the
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S’Emaj Avyiair Okongwu, petitioner, Appellant,
Minn. Ct. App. 2021
11 “[D]irect consequences are those which flow definitely, immediately, and automatically from the guilty plea.” Alanis v. State
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State of Minnesota, Respondent
Minn. Ct. App. 2021
Direct consequences “are those which flow definitely, immediately, and automatically from the 5 guilty plea—the maximum sentence and any fine to be imposed.” , abrogated in part by Padilla v. Kentucky , 559 U.S. 356, 374, 130 S. Ct. 1473, 1486 (2010); -42 (Minn. App. 2013) (holding direct consequences “are those which flow definitely, immediately, and automatically from the guilty plea, such as the maximum sen
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 573, 578 (Minn. 1998).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(footnot es omitted), overruled in part on other grounds by Padilla v. Kentucky, 559 U.S. 356, 374, 130 S. Ct. 1473, 1486 (2010)
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Direct consequences are those punitive consequences that are “definite, immediate, or automatic.” see Kaiser, d at 904 (clarifying Alanis’s definition to exclude nonpunitive consequences).
- State v. Ellis-Strong 899 N.W.2d 531 Minn. Ct. App. 2017
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State v. Ellis-Strong
899 N.W.2d 531
Minn. Ct. App. 2017
At the time of Barragan and Levkovich , had held that an attorney has no duty to advise a client about the possibility of deportation as a result of pleading guilty because deportation was a collateral consequence.
- Francisco Herrera Sanchez v. State of Minnesota 890 N.W.2d 716 Minn. 2017
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Francisco Herrera Sanchez v. State of Minnesota
890 N.W.2d 716
Minn. 2017
-79 (Minn.1998) (holding that defense counsel was not required to inform a non-citizen defendant that his plea would lead to deportation because the immigration consequences did not “flow definitely, immediately, and automatically from the guilty plea”)
- Junious Taylor, Jr. v. State of Minnesota 887 N.W.2d 821 Minn. 2016
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Junious Taylor, Jr. v. State of Minnesota
887 N.W.2d 821
Minn. 2016
We held in Alanis v. State that “it is the direct consequences of the guilty plea to which we refer.” (emphasis added), abrogated in part by Padilla v. Kentucky, 559 U.S. 356, 374 (2010); -88 (Minn. 2012).
- State of Minnesota v. Larry Lee Hough Minn. Ct. App. 2016
- State of Minnesota v. Larry Lee Hough Minn. Ct. App. 2016
- State of Minnesota v. Casey James Pederson Minn. Ct. App. 2016
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State of Minnesota v. Casey James Pederson
Minn. Ct. App. 2016
To support this contention, neither of which support appellant’s position.2 Hirt involved a defendant who pleaded guilty and then sought postconviction relief alleging that his plea was not freely and voluntarily made.
- Junious Taylor, Jr. v. State of Minnesota Minn. Ct. App. 2015
- Junious Taylor, Jr. v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Earl Anthony Fry Minn. Ct. App. 2015
- State of Minnesota v. Earl Anthony Fry Minn. Ct. App. 2015
- Lynell Richard Ellison v. State of Minnesota Minn. Ct. App. 2015
- Joshua Zachary Matter v. State of Minnesota Minn. Ct. App. 2015
- Lynell Richard Ellison v. State of Minnesota Minn. Ct. App. 2015
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Joshua Zachary Matter v. State of Minnesota
Minn. Ct. App. 2015
Following Padilla, Minnesota courts have made a distinction between collateral and direct consequences of a plea in determining the reasonableness of an attorney’s performance, and have held that attorneys must advise their clients of only direct consequences of a plea, such as “the maximum sentence to be imposed and the amount of any fine,” abrogated in part by Padilla, 559 U.S. at 388, 130 S. Ct. at 1494.
- State of Minnesota v. Lori Elaine Christensen Minn. Ct. App. 2014
- State of Minnesota v. Lori Elaine Christensen Minn. Ct. App. 2014
- State of Minnesota v. Dusty Lee Littledog Minn. Ct. App. 2014
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State of Minnesota v. Dusty Lee Littledog
Minn. Ct. App. 2014
abrogated in part by Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473 (2010).
- State v. Crump 826 N.W.2d 838 Minn. Ct. App. 2013
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State v. Crump
826 N.W.2d 838
Minn. Ct. App. 2013
“[D]irect consequences are those which flow definitely, immediately, and automatically from the guilty plea,” such as *842 “the maximum sentence to be imposed and the amount of any fíne.” abrogated in part by Padilla v. Kentucky, 559 U.S. 356 , 130 S.Ct.
- Campos v. State 816 N.W.2d 480 Minn. 2012
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Campos v. State
816 N.W.2d 480
Minn. 2012
The court determined that Padilla did not apply retroactively, but had instead announced “a new constitutional rule because it impose[d] a new requirement on counsel under the federal constitution.” The court relied on an earlier decision from our court, abrogated in part by Padilla v. Kentucky, 130 S.Ct.
- Barnslater v. State 805 N.W.2d 910 Minn. Ct. App. 2011
- Barnslater v. State 805 N.W.2d 910 Minn. Ct. App. 2011
- Sames v. State 805 N.W.2d 565 Minn. Ct. App. 2011
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Sames v. State
805 N.W.2d 565
Minn. Ct. App. 2011
was not intelligent, and then rejected the appellant’s ineffectiveness argument on essentially the same grounds: “because as a collateral consequence of the guilty plea, his attorney was under no obligation to advise him of the deportation possibility ..., the failure to so inform him could not have fallen below an objective standard of reasonableness as required by Strickland.” -79 (Minn.1998); -64 (Minn.1998) (following Alanis).
- Campos v. State 798 N.W.2d 565 Minn. Ct. App. 2011
- Campos v. State 798 N.W.2d 565 Minn. Ct. App. 2011
- State v. Lopez 794 N.W.2d 379 Minn. Ct. App. 2011