Cited by
Opinions in Minnesota that cite State v. Rhodes, 627 N.W.2d 74.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Attorney-client privilege 10 does not attach to “confidences given in the presence of third parties.” State v. Rhodes , ; see also Schwartz v. Wenger , (holding that discussion of privileged information in a public place waives the privilege insofar as the testimony of the obvious third -party is concerned).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Reinbold’s invocation of other authority, does not persuade us to a different conclusion.
- Berry Alexander Davis, Appellant, vs. State of Minnesota, Respondent Minn. 2025
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Berry Alexander Davis, Appellant, vs. State of Minnesota, Respondent
Minn. 2025
Davis speculates this unknown woman “could have been running for [her] life because she witnessed the shooting of [] Baugh, thus, knowing what the shooter looked like[, or she] could have been the shooter.” “[N]ot every ineffective assistance of counsel claim will require an evidentiary hearing.”
- State of Minnesota v. Jamal L. Smith 9 N.W.3d 543 Minn. 2024
- State of Minnesota v. Jamal L. Smith 9 N.W.3d 543 Minn. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“There is a strong presumption that counsel’s performance was reasonable.”
- Minn. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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Deontray Vershon Tate, petitioner, Appellant,
Minn. Ct. App. 2019
But doubts as to the necessity of an evidentiary hearing “should be resolved in favor of the party requesting the hearing.”
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State of Minnesota, Respondent
Minn. Ct. App. 2017
“A defendant claiming the district court erred in adm itting evidence bears th e burden of provin g the admission was erroneous and prejudicial.” State v. Rhodes
- State of Minnesota v. Earl Lionell Ward Minn. Ct. App. 2016
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Distinguished
State of Minnesota v. Earl Lionell Ward
Minn. Ct. App. 2016
7 see also, (declining to address appellant’s insufficiency-of-the-evidence claim due to the incomplete record).
- Thomas Daniel Rhodes v. State of Minnesota, A13-560 875 N.W.2d 779 Minn. 2016
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Thomas Daniel Rhodes v. State of Minnesota, A13-560
875 N.W.2d 779
Minn. 2016
See Rhodes v. State (Rhodes III), State v. Rhodes (Rhodes II), State v. Rhodes (Rhodes I)
- State of Minnesota v. Cindarion De'Angelo Butler Minn. Ct. App. 2015
- State of Minnesota v. Cindarion De'Angelo Butler Minn. Ct. App. 2015
- State of Minnesota v. Amir Abd El Malak Minn. Ct. App. 2015
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State of Minnesota v. Amir Abd El Malak
Minn. Ct. App. 2015
d 74, 88 (Minn. 2001) (concluding that an “evidentiary hearing [was] necessary to determine whether the level of trial counsel’s advocacy was unreasonable” based in part 2 At oral argument to this court, appellant’s counsel acknowledged that appellant’s alleged penetration of S.K.
- State v. Wenthe 839 N.W.2d 83 Minn. 2013
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State v. Wenthe
839 N.W.2d 83
Minn. 2013
See, -86 (Minn.2001); , 909 n. 4 (Minn.1996); see also Ideal Life Church of Lake Elmo, d at 315 (approving the use of a multifaceted test to determine whether an institution is a “church” for tax purpos
- Andersen v. State 830 N.W.2d 1 Minn. 2013
- Francis v. State 781 N.W.2d 892 Minn. 2010
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Francis v. State
781 N.W.2d 892
Minn. 2010
“Any doubts as to whether to conduct an evidentiary hearing should be resolved in favor of the party requesting the hearing.” (citing State ex rel.
- Vickla v. State 778 N.W.2d 354 Minn. Ct. App. 2010
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Vickla v. State
778 N.W.2d 354
Minn. Ct. App. 2010
“A postconviction court properly dismisses a petition for postconviction relief without conducting an evidentiary hearing when the petition and record ‘conclusively show that the petitioner is entitled to no relief.’ ” (quoting Minn. Stat. § 590.04 , subd.
- State v. Loving 775 N.W.2d 872 Minn. 2009
- State v. Loving 775 N.W.2d 872 Minn. 2009
- State v. Yang 774 N.W.2d 539 Minn. 2009
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State v. Yang
774 N.W.2d 539
Minn. 2009
“Any doubts as to whether to conduct an evidentiary hearing should be resolved in favor of the party requesting the hearing.”
- Chambers v. State 769 N.W.2d 762 Minn. 2009
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Chambers v. State
769 N.W.2d 762
Minn. 2009
“A postconviction court must evaluate whether, in light of the significance of the claimed error and the evidence presented at trial, a petitioner has raised and factually supported material matters that must be resolved in order to decide the postconviction issues on their merits.”
- Sanchez-Diaz v. State 758 N.W.2d 843 Minn. 2008
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Sanchez-Diaz v. State
758 N.W.2d 843
Minn. 2008
“Any doubts as to whether to conduct an evidentiary hearing should be resolved in favor of the party requesting the hearing.” (citing State ex rel.
- 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
"A postconviction court must evaluate whether, in light of the significance of the claimed error and the evidence presented at trial, a petitioner has raised and factually supported material matters that must be resolved in order to decide the postconviction issues on their merits.”
- State v. Bussmann 741 N.W.2d 79 Minn. 2007
- State v. Bussmann 741 N.W.2d 79 Minn. 2007
- Rhodes v. State 735 N.W.2d 315 Minn. 2007
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Rhodes v. State
735 N.W.2d 315
Minn. 2007
(Rhodes I), (Rhodes II).
- Schneider v. State 725 N.W.2d 516 Minn. 2007
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Schneider v. State
725 N.W.2d 516
Minn. 2007
(concluding that the affidavits of two expert defense lawyers raised “material questions” and an evidentiary hearing was necessary to determine whether trial counsel’s advocacy was unreasonable).
- Powers v. State 688 N.W.2d 559 Minn. 2004
- Powers v. State 688 N.W.2d 559 Minn. 2004
- Hooper v. State 680 N.W.2d 89 Minn. 2004
- Hooper v. State 680 N.W.2d 89 Minn. 2004
- Opsahl v. State 677 N.W.2d 414 Minn. 2004
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Opsahl v. State
677 N.W.2d 414
Minn. 2004
“We review a postconviction proceeding to determine if there is sufficient evidence to sustain the postconviction court’s findings, and we will not disturb the court’s decision absent an abuse of discretion.”
- McKenzie v. State 670 N.W.2d 582 Minn. 2003
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McKenzie v. State
670 N.W.2d 582
Minn. 2003
An “appellant must allege facts that would, if proven by a fair preponderance of the evidence, entitle him to relief.”