Cited by
Opinions in Minnesota that cite Hodgson v. State, 540 N.W.2d 515.
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Mark Scott Hendrickson, petitioner, Appellant,
Minn. Ct. App. 2025
“The petitioner’s allegations must be more than argumentative assertions without factual support.” (quotation omitted).
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Isaac Alonzo Cryer, petitioner, Appellant,
Minn. Ct. App. 2024
d 178, 190 n.19 (Minn. 2021); (concluding that “trial counsel’s performance was professionally reasonable” because the “alleged error[] include[d] failure to present to the jury evidence that someone else committed the murders,” which “relate[s] to ma tters of trial strategy, not errors in professional performance”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
.W.2d 155, 165 (Minn. 2009) (noting that whether to cross -examine witness was a matter of trial strategy that could not constitute ineffective assistance of counsel ); (noting that failure to investigate and failure to call a witness were matters of trial strategy and could not constitute ineffective assistance of counsel); Hodgson v. State , (noting that failure to present alternative perpetrator evidence and failure to investigate leads were matters of trial strategy and could not constitute
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Pao Choua Xiong, petitioner, Appellant,
Minn. Ct. App. 2021
See Carridine, d at 494 (determining trial strategy includes determining which witnesses to call at trial) ; 14 (determining that selecting the evidence to present to the jury is trial strategy); Andersen, d at 10 (determining the extent of an attorney’s investigation is trial strategy); d 515, 518 (Minn. 1995) (noting defense counsel’s decision not to investigate leads and not have evidence independently tested was trial strategy).
- Joseph Christen Thoresen, Minn. 2021
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Terrance Friend, Appellant,
Minn. Ct. App. 2020
4 in [commitment] and that must be resolved in order to determine the issues raised on the merits.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Moreover, allegations in a postconvic tion petition are required to be “more than argumentative assertions without factual support.” (quotation omitted).
- Reed v. State 925 N.W.2d 11 Minn. 2019
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Reed v. State
925 N.W.2d 11
Minn. 2019
Hodgson v. State , , 517 (Minn. 1995).
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John Stephen Woodward, petitioner, Appellant,
Minn. Ct. App. 2018
hold a hearing “[u]nless the petition and th e files and records of the proceeding conclusively show that the petitioner is entitled to no relief.” “An evidentiary hearing is required whenever material facts are in dispute that have not been resolved in the proceedings resulting in conviction and that must be resolved in order to determine the issues raised on the merits.”
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Louis Ambrose, petitioner, Appellant,
Minn. Ct. App. 2018
(“The petitioner’s allegations must be more than argumentative assertions without factual support.”) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
But a llegations in a postconviction petition must be “more than argumentative assertions without factual support.” (quotation omitted).
- Brooks v. State 897 N.W.2d 811 Minn. Ct. App. 2017
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Brooks v. State
897 N.W.2d 811
Minn. Ct. App. 2017
However, allegations in a postconviction petition must be “more than argumentative assertions without factual support.” (quotation omitted).
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A16-1713
Minn. Ct. App. 2017
However, a llegations in a postconviction petition must be “more than argumentative assertions without factual support.” (quotation omitted).
- Steven Lynn Oppel v. State of Minnesota Minn. Ct. App. 2017
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Steven Lynn Oppel v. State of Minnesota
Minn. Ct. App. 2017
(newly discovered evidence (1) must not be within petitioner’s or counsel’s knowledge before trial, (2) could not have been “discovered through due diligence before trial,” (3) is not “cumulative, impeaching, or doubtful,” (4) would likely produce a more favorable result at trial).
- Hassan Mohamed Abdillahi v. State of Minnesota Minn. Ct. App. 2016
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Hassan Mohamed Abdillahi v. State of Minnesota
Minn. Ct. App. 2016
“The petitioner’s allegations must be more than argumentative assertions without factual support.” (quotation omitted).
- Thomas Lee Fairbanks v. State of Minnesota 882 N.W.2d 226 Minn. 2016
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Thomas Lee Fairbanks v. State of Minnesota
882 N.W.2d 226
Minn. 2016
Because a “petitioner’s allegations must [present] ‘more than argumentative assertions without factual support,’ ” (quoting Beltowski v. State, 289 Minn. 215, 217, ), we decline to consider Fairbanks’s additional claims.
- Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2016
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Brett Thomas Green v. State of Minnesota
Minn. Ct. App. 2016
“The petitioner’s allegations must be more than argumentative assertions without factual support.” (quotation omitted).
- Rene Julian McKenzie v. State of Minnesota 872 N.W.2d 865 Minn. 2015
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Rene Julian McKenzie v. State of Minnesota
872 N.W.2d 865
Minn. 2015
(requiring appellant’s allegations to be “more than argumentative assertions without factual support” (quoting Beltowski v. State, 289 Minn. 215, 217, )).
- Chaun Dubae Carridine v. State of Minnesota 867 N.W.2d 488 Minn. 2015
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Chaun Dubae Carridine v. State of Minnesota
867 N.W.2d 488
Minn. 2015
(“The petitioner’s allegations must be more than argumentative assertions without factual support.”(citation omitted)).
- Jason Donald Matakis v. State of Minnesota 862 N.W.2d 33 Minn. 2015
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Jason Donald Matakis v. State of Minnesota
862 N.W.2d 33
Minn. 2015
Similarly, in Hodgson v. State, we noted that a postconviction “petitioner’s allegations must be ‘more than argumentative assertions without factual support.’ ” (quoting Beltowski v. State, 289 Minn. 215, 217 , ).
- Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2015
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Brett Thomas Green v. State of Minnesota
Minn. Ct. App. 2015
The claims made within the petition “must be more than argumentative assertions without factual support.” (quotation omitted).
- State of Minnesota v. Gerard McNeal, and Gerard McNeal v. State of Minnesota Minn. Ct. App. 2014
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State of Minnesota v. Gerard McNeal, and Gerard McNeal v. State of Minnesota
Minn. Ct. App. 2014
(rejecting arguments that trial counsel was ineffective because he failed to present an alternative-perpetrator defense or pursue leads because they “relate to matters of trial strategy”).
- John Patrick Murphy v. State of Minnesota Minn. Ct. App. 2014
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John Patrick Murphy v. State of Minnesota
Minn. Ct. App. 2014
The allegations “must be more than argumentative assertions without factual support.” (quotation omitted).
- Matakis v. State 842 N.W.2d 689 Minn. Ct. App. 2014
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Matakis v. State
842 N.W.2d 689
Minn. Ct. App. 2014
ntiary hearing is not necessary if the petition does not allege facts “which, if proved, would entitle a petitioner to the requested relief.” (affirming the postconviction court’s finding that vague allegations that trial counsel coached a witness and improperly dealt with evidence were too general to require a hearing); (affirming denial of relief without a hearing because petition “largely rest[ed] on unsupported assertions”).
- State v. Bahtuoh 840 N.W.2d 804 Minn. 2013
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State v. Bahtuoh
840 N.W.2d 804
Minn. 2013
conviction petition, however, provides insufficient support for Bahtuoh’s assertions, and Bahtuoh concedes that the trial transcripts contain “nothing indicating any of this.” We have long held that “[a]lle-gations in a postconviction petition ‘must be more than argumentative assertions without factual support.’ ” ().
- State v. Nicks 831 N.W.2d 493 Minn. 2013
- Andersen v. State 830 N.W.2d 1 Minn. 2013
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Andersen v. State
830 N.W.2d 1
Minn. 2013
constitutes trial strategy); Bobo, d at 138-39 ; (“When determining whether alleged failure to investigate constitutes ineffective assistance of counsel, we consider whether the decision was based on trial strategy or whether it demonstrated that counsel’s performance fell below an objective standard of reasonableness”); (noting that defense counsel’s decision not to present evidence that someone else may have committed the murder and not to investigate leads was trial strategy).
- Berkovitz v. State 826 N.W.2d 203 Minn. 2013
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Berkovitz v. State
826 N.W.2d 203
Minn. 2013
We have long held that “[a]lle-gations in a postconviction petition ‘must be more than argumentative assertions without factual support.’ ” ().
- State v. Hokanson 821 N.W.2d 340 Minn. 2012
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State v. Hokanson
821 N.W.2d 340
Minn. 2012
Appellant has the burden of alleging facts that, if proven, entitle him to relief, and a petition may be denied if the petitioner’s allegations are no more than “ ‘argumentative assertions without factual support.’ ” Davis, d at 392 ().
- Davis v. State 784 N.W.2d 387 Minn. 2010
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Davis v. State
784 N.W.2d 387
Minn. 2010
Allegations in a postconviction petition must be “more than argumentative assertions without factual support.”
- Doppler v. State 771 N.W.2d 867 Minn. 2009
- Doppler v. State 771 N.W.2d 867 Minn. 2009