Cited by
Opinions in Minnesota that cite State v. Doppler, 590 N.W.2d 627.
- State of Minnesota v. Andrew Russell Severtson Minn. Ct. App. 2016
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State of Minnesota v. Andrew Russell Severtson
Minn. Ct. App. 2016
The decision of which witnesses to call is part of trial tactics and “lies within the proper discretion of trial counsel.”
- State of Minnesota v. Patricia Ann Shepard Minn. Ct. App. 2016
- State of Minnesota v. Patricia Ann Shepard Minn. Ct. App. 2016
- State of Minnesota v. Chevaze Darrell Ward Minn. Ct. App. 2016
- State of Minnesota v. Chevaze Darrell Ward Minn. Ct. App. 2016
- State of Minnesota v. David Alan Nielsen Minn. Ct. App. 2016
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State of Minnesota v. David Alan Nielsen
Minn. Ct. App. 2016
(“Deciding the credibility of witnesses is generally the exclusive province of the [fact-finder].”).
- Terry Lynn Olson v. State of Minnesota Minn. Ct. App. 2015
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Terry Lynn Olson v. State of Minnesota
Minn. Ct. App. 2015
discretion of trial counsel.” (quotation and citation omitted).
- State of Minnesota v. Jose Manuel Ortiz Minn. Ct. App. 2015
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State of Minnesota v. Jose Manuel Ortiz
Minn. Ct. App. 2015
discretion of trial counsel.” (quotation and citation omitted).
- Maurice Level Ward, Sr. v. State of Minnesota Minn. Ct. App. 2014
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Maurice Level Ward, Sr. v. State of Minnesota
Minn. Ct. App. 2014
(stating that matters of trial strategy lie within the discretion of trial counsel and will not be second-guessed by appellate courts); Case, d at 800 (stating that “counsel has no duty to include claims which would detract from other more meritorious issues.”).
- State of Minnesota v. Enamidem Celestine Okon Minn. Ct. App. 2014
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State of Minnesota v. Enamidem Celestine Okon
Minn. Ct. App. 2014
But all of these are matters of trial strategy, and appellate courts “do not second- guess trial counsel’s decisions about trial strategy.” n.3 (Minn. 2013); (decisions such as what evidence to present, what witnesses to call, what objections to make, and what information to include in opening and closing statements are left to counsel’s discretion).
- State v. Nicks 831 N.W.2d 493 Minn. 2013
- Staunton v. State 784 N.W.2d 289 Minn. 2010
- Staunton v. State 784 N.W.2d 289 Minn. 2010
- Doppler v. State 771 N.W.2d 867 Minn. 2009
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Doppler v. State
771 N.W.2d 867
Minn. 2009
State v. Doppler (Doppler I)
- State v. Franks 765 N.W.2d 68 Minn. 2009
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State v. Franks
765 N.W.2d 68
Minn. 2009
We have repeatedly recognized that when the claim is that the evidence is not sufficient, *73 “our review is limited to ascertaining whether under the evidence contained in the record the jury could reasonably find the accused guilty of the offense charged.” State v. Norgaard, 272 Minn. 48, 52 , -32 (1965); (“When considering whether the evidence in a case is sufficient to support a guilty verdict, we examine the evidence presented in the record, along with legitimate inferences from that eviden
- 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
(discussing the reluctance of appellate courts to second-guess trial strategy, including what investigation to undertake).
- Hannon v. State 752 N.W.2d 518 Minn. 2008
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Hannon v. State
752 N.W.2d 518
Minn. 2008
(“[A] defendant must show by a preponderance of the evidence that his counsel’s performance was deficient, i.e., that his counsel’s performance ‘fell below an objective standard of reasonableness.’ ” (quoting Strickland v. Washington, 466 U.S. 668, 688 , 104 S.Ct.
- State v. Outlaw 748 N.W.2d 349 Minn. Ct. App. 2008
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State v. Outlaw
748 N.W.2d 349
Minn. Ct. App. 2008
But “[w]hat evidence to present and which witnesses to call at trial are tactical decisions properly left to the discretion of trial counsel.” ().
- Cooper v. State 745 N.W.2d 188 Minn. 2008
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Cooper v. State
745 N.W.2d 188
Minn. 2008
Objective reasonableness requires that an attorney exercise “the customary skills and diligence that a reasonably competent attorney would [exercise] under the circumstances.” (
- State v. Spence 742 N.W.2d 203 Minn. Ct. App. 2007
- State v. Spence 742 N.W.2d 203 Minn. Ct. App. 2007
- Francis v. State 729 N.W.2d 584 Minn. 2007
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Francis v. State
729 N.W.2d 584
Minn. 2007
“What evidence to present and which witnesses to call at trial are tactical decisions properly left to the discretion of trial counsel.” ().
- State v. Vance 714 N.W.2d 428 Minn. 2006
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State v. Vance
714 N.W.2d 428
Minn. 2006
(concluding that an attorney's decision not to focus on intoxication as a defense and failure to request an intoxication jury instruction was a matter of trial strategy); (stating that an attorney's decision not to request a cautionary instruction "regar
- Noske v. Friedberg 713 N.W.2d 866 Minn. Ct. App. 2006
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Noske v. Friedberg
713 N.W.2d 866
Minn. Ct. App. 2006
at 776 ; (holding that a decision to focus on self defense rather than intoxication as a defense was a matter of trial strategy and did not constitute ineffective assistance of counsel).
- State v. Mems 708 N.W.2d 526 Minn. 2006
- State v. Mems 708 N.W.2d 526 Minn. 2006
- In Re the Welfare of C.J.W.J. 699 N.W.2d 328 Minn. Ct. App. 2005
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In Re the Welfare of C.J.W.J.
699 N.W.2d 328
Minn. Ct. App. 2005
“[A]n attorney acts within the objective standard of reasonableness when he provides his client with the representation of an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under the circumstances.” (quotation omitted).
- State v. Petschl 688 N.W.2d 866 Minn. Ct. App. 2004
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State v. Petschl
688 N.W.2d 866
Minn. Ct. App. 2004
“[A]n attorney acts within the objective standard of reasonableness when he provides his client with the representation of an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under the circumstances.” (quotation omitted).
- State v. Blom 682 N.W.2d 578 Minn. 2004
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State v. Blom
682 N.W.2d 578
Minn. 2004
(citing Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct.
- State v. Bergerson 671 N.W.2d 197 Minn. Ct. App. 2003
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State v. Bergerson
671 N.W.2d 197
Minn. Ct. App. 2003
“In Minnesota, an attorney acts within the objective standard of reasonableness when he provides his client with the representation of an attorney exercising the customary skills and diligence that a reasonably competent attorney would perform under the circumstances.” (quotation omitted).
- Doppler v. State 660 N.W.2d 797 Minn. 2003