Cited by
Opinions in Minnesota that cite State v. Miller, 666 N.W.2d 703.
- Cortez Deon Banks, petitioner, Appellant, Minn. Ct. App. 2026
- State of Minnesota v. Ivan Contreras-Sanchez Minn. 2026
- State of Minnesota v. Anthony Richard Smeby Minn. 2026
-
State of Minnesota v. Anthony Richard Smeby
Minn. 2026
When determining whether a clause in a search warrant is sufficiently particular, “the circumstances of the case must be considered, as well as the nature of the crime under investigation and whether a more precise description is possible under the circumstances.”
- State of Minnesota v. Deshon Israel Bonnell Minn. 2026
-
State of Minnesota v. Deshon Israel Bonnell
Minn. 2026
Search warrants that lack particularity are not “suppressed,” instead they are deemed “invalid.” –73 (Minn. 1990) (concluding that the search warrant was “invalid” because it lacked particularity); –13 (Minn. 2003) (concluding that the language of the warrant was sufficiently particular and therefore rejecting appellant’s claim that the search warrant was “invalid”).
- In the Matter of the Welfare of the Child(ren) of: T. K. H., B. M. P., G. J. … Minn. Ct. App. 2026
-
In the Matter of the Welfare of the Child(ren) of: T. K. H., B. M. P., G. J. …
Minn. Ct. App. 2026
Furthermore, claims of ineffective assistance of counsel based 14 on a failure to call a particular witness—as mother argues here—“are of the type we have repeatedly declined to recognize as amounting to ineffective assistance of counsel.”
- State of Minnesota v. Angel Ignacio Sardina-Padilla 7 N.W.3d 585 Minn. 2024
-
State of Minnesota v. Angel Ignacio Sardina-Padilla
7 N.W.3d 585
Minn. 2024
When determining whether a clause in a search warrant is sufficiently particular, “the circumstances of the case must be considered, as well as the nature of the crime under investigation and whether a more precise description is possible under the circumstances.”
- State of Minnesota v. Kristi Dannette Mcneilly 6 N.W.3d 161 Minn. 2024
-
State of Minnesota v. Kristi Dannette Mcneilly
6 N.W.3d 161
Minn. 2024
“[W]hen determining whether a clause in a search warrant is sufficiently particular, the circumstances of the case must be considered, as well as the nature of the crime under investigation and whether a more precise description is possible under the circumstances.” 15
- State of Minnesota v. Ivan Contreras-Sanchez Minn. Ct. App. 2024
-
State of Minnesota v. Ivan Contreras-Sanchez
Minn. Ct. App. 2024
(quoting Andresen v. Maryland, 427 U.S. 463, 480 (1976))
- State of Minnesota v. Anthony Richard Smeby Minn. Ct. App. 2024
-
State of Minnesota v. Anthony Richard Smeby
Minn. Ct. App. 2024
“[W]hen determining whether a clause in a search warrant is sufficiently particular, the circumstances of the case must be considered, as well as the nature of the crime under investigation and whether a more precise description is possible under the circumstances.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
“The standard to be used in this determination is one of practical accuracy rather than technical nicety.” (quotation omitted).
-
Marcel Moses, petitioner, Appellant,
Minn. Ct. App. 2022
See Doppler, d at 633; (rejecting ineffective-assistance claim based in part on manner of cross- examination); (stating that manner of cross-examination is tactical decision and that “failure to conduct cross-examination in a certain manner” does not demonstrate inef
-
Qays Abdi Ahmed, petitioner, Respondent,
Minn. Ct. App. 2022
-18 (Minn. 2003) (rejecting claim that trial counsel was ineffective because of a conflict of interest where defendant provided no evidence to show that conflict of interest existed).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
This determination is one of “practical accuracy” rather than “technical nicety.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
-18 (Minn. 2003) (rejecting an ineffective-assistance-of-counsel claim because it was not supported by evidence).
-
Matthew Keely Hartley, petitioner, Appellant,
Minn. Ct. App. 2020
-17 (Minn. 2003) (rejecting ineffective- assistance claim based in part on the manner of cross-examination); State v. Irwin , (noting that the manner of cross-examination is a tactical decision and that “failure to conduct cross-examination in a certain manner” does not dem
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
d 703, 717-18 (Minn. 2003).
- State of Minnesota, Appellant, Minn. Ct. App. 2019
- In re Commitment of Johnson 931 N.W.2d 649 Minn. Ct. App. 2019
-
In re Commitment of Johnson
931 N.W.2d 649
Minn. Ct. App. 2019
See, e.g. , State v. Miller , , 717-18 (Minn. 2003) (rejecting claim that trial counsel was ineffective because of a conflict of interest where defendant provided no evidence to show that conflict of interest existed).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
See, (rejecting claim that trial counsel was ineffective for failing to request a Schwartz hearing where defendant failed to provide eviden ce to support assertion that juror was unable to be impartial); State v. Miller , (rejecting claim that trial counsel was ineffective because of a conflict of interest where defendant provided no evidence to support assertion that conflict of interest existed).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
The Minnesota Supreme Court has stated that “when determining whether a clause in a search warrant is sufficiently particular, the circumstances of the case must be considered, as well as the nature of the crime under investigation and whether a more precise description is possible under the circumstances.” .
- Samuel Johosephat Taylor, petitioner, Appellant, Minn. Ct. App. 2018
-
A17-1623
Minn. Ct. App. 2018
“[A] police affiant’s training and experience can be a proper factor to consider in making a probable-cause determination.” ().
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
“The standard to be used in this determination is one of practical accuracy rather than technical nicety.” State v. Miller , (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
to the discretion of the officer executing the warrant.” State v. Miller , (quotation omitted).
- City of Golden Valley v. Wiebesick 899 N.W.2d 152 Minn. 2017
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
“An appellant arguing that he or she received ineffective assistance of counsel must demonstrate that counsel’s representation fell below an objective standard of reasonableness, and that a reasonable probability exists that the outcome would have been different but for counsel’s errors.” State v. Miller , (quotation omitted).
- State of Minnesota v. Justin Thomas Keodouangdy Minn. Ct. App. 2016
-
State of Minnesota v. Justin Thomas Keodouangdy
Minn. Ct. App. 2016
“[W]hen determining whether a clause in a search warrant is sufficiently particular, the circumstances of the case must be considered, as well as the nature of the 7 crime under investigation and whether a more precise description is possible under the circumstances.”
- State of Minnesota v. Charles Steven Owens Minn. Ct. App. 2016
-
State of Minnesota v. Charles Steven Owens
Minn. Ct. App. 2016
6 “There is a strong presumption that counsel’s performance fell within a wide range of reasonable assistance.” (quotation omitted).
- State of Minnesota v. Jason Wyatt Mindrup Minn. Ct. App. 2016
-
State of Minnesota v. Jason Wyatt Mindrup
Minn. Ct. App. 2016
736 (Minn. 2010); d 703, 717 (Minn. 2003) (rejecting an ineffective-assistance-of-counsel claim based, in part, on ineffective cross-examination).
- State of Minnesota v. Debra Lee Fawcett 884 N.W.2d 380 Minn. 2016
-
State of Minnesota v. Debra Lee Fawcett
884 N.W.2d 380
Minn. 2016
And “when determining whether a clause in a search warrant is sufficiently particular, the circumstances of the case must be considered, as well as the nature of the crime under investigation and whether a more precise description is possible under the circumstances.”
- State of Minnesota v. Scott Jeffrey Hanson Minn. Ct. App. 2016
- State of Minnesota v. Scott Jeffrey Hanson Minn. Ct. App. 2016
- State of Minnesota v. Luis Rodolfo Rojas-Santos Minn. Ct. App. 2015
-
State of Minnesota v. Luis Rodolfo Rojas-Santos
Minn. Ct. App. 2015
an issuing judge may draw reasonable inferences from a search warrant application based upon common sense and the information provided regarding the nature and circumstances of a crime.
- State of Minnesota v. Jeremy Fredrick Aguirre Minn. Ct. App. 2015
- State of Minnesota v. Jeremy Fredrick Aguirre Minn. Ct. App. 2015
- State of Minnesota v. Fredrick Dewayne Hines Minn. Ct. App. 2015
- State of Minnesota v. Fredrick Dewayne Hines Minn. Ct. App. 2015