Cited by
Opinions in Minnesota that cite Ferguson v. State, 645 N.W.2d 437.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- Edbert Neal Williams v. State of Minnesota Minn. 2024
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Edbert Neal Williams v. State of Minnesota
Minn. 2024
to bolster his argument.
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Lance Arnold Kingbird, petitioner, Appellant,
Minn. Ct. App. 2023
of a witness is stronger at the time of recantation than it was at trial), and Campbell, d at 508 (stating that while a sworn statement may be reliable, a letter recanting testimony is not if it is handwritten and does not contain a clear author), with Wilson, d at 104-05, 107 (concluding that a jailhouse informant recanting in writing is reliable), (concluding that a notarized statement from a witness’s father stating that the witness had confessed to testifying falsely is reliable).
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Larry Jonnell Gilbert, petitioner, Respondent,
Minn. Ct. App. 2022
But “the Larrison standard applies broadly to all allegations of false trial testimony.” d 766, 775 (Minn. 2014); (“[T]he proper test to apply when evaluating a claim for a new trial based on newly-discovered evidence of falsified testimony is the three-prong Larrison test.”).
- Scott Marlin Morey, petitioner, Appellant, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
To prevail on a request for an evidentiary hearing, a petitioner “must allege facts that would, if proved by a fair preponderance of the evidence, entitle him to relief.”
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Minn. 2020
“This procedural bar applies even in postconvictio n proceedings raising constitutional issues of criminal procedure.” Ferguson v. State
- Ronnie Bila Shaka, petitioner, Appellant, Minn. Ct. App. 2020
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John Louis Corrigan, petitioner, Appellant,
Minn. Ct. App. 2019
(“A three-prong test, known as the Larrison test, is applied to claims of newly-discovered evidence of falsified testimony.” (footnote omitted)).
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Reginald Oranz Calhoun, Petitioner, Appellant,
Minn. Ct. App. 2019
An evidentiary hearing must be granted when a petitioner alleges “facts that would, if proved by a fair preponderance of the evidence, entitle him to relief.”
- Theodore Pierre Jerry, petitioner, Appellant, Minn. Ct. App. 2019
- Reed v. State 925 N.W.2d 11 Minn. 2019
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Reed v. State
925 N.W.2d 11
Minn. 2019
Ferguson v. State , , 445 (Minn. 2002).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- Campbell v. State 916 N.W.2d 502 Minn. 2018
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Campbell v. State
916 N.W.2d 502
Minn. 2018
Ferguson v. State , , 446 (Minn. 2002).
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Gideon Charles Arrington, II, petitioner, Appellant,
Minn. Ct. App. 2018
“A petitioner se eking postconviction relief has the burden of establishing, by a fair prep onderance of the eviden ce, facts that would warrant relief.”
- State v. Luby 904 N.W.2d 453 Minn. 2017
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State v. Luby
904 N.W.2d 453
Minn. 2017
We have explained that “[t]he decision to admit guilt is the defendant’s decision to make.”
- Michael Robert Robinson, petitioner, Appellant, Minn. Ct. App. 2017
- Distinguished State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Furthermore, “allegations in a postconviction petition must be more than argumentative assertions without factual support.” (quotation omitted).
- Brett Thomas Green v. State of Minnesota Minn. Ct. App. 2017
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Brett Thomas Green v. State of Minnesota
Minn. Ct. App. 2017
“Although the four-prong Rainer test is the correct test for newly-discovered evidence, it is not the correct test when a court reviews an allegation that false testimony was given at trial.”
- Brian Keith Hooper v. State of Minnesota 888 N.W.2d 138 Minn. 2016
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Brian Keith Hooper v. State of Minnesota
888 N.W.2d 138
Minn. 2016
(stating requirements for a new trial based on false testimony).
- Dwayne Lee Wright v. State of Minnesota Minn. Ct. App. 2016
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Dwayne Lee Wright v. State of Minnesota
Minn. Ct. App. 2016
4 Wright’s claims are procedurally barred because he was either aware, or should have been aware, of the concerns about testing at the SPPDCL, but did not request a stay of his direct appeal to investigate a potential claim.1 -42 (Minn. 2002) (noting that Ferguson requested a stay of his appeal to conduct further investigation into a false-testimony claim).
- Robert Patrick Butters v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Steven Francis Martinez Minn. Ct. App. 2016
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State of Minnesota v. Steven Francis Martinez
Minn. Ct. App. 2016
(quotation omitted); see Morrissey v. State, 286 Minn. 14, 16, -34 (1970) (stating that “postconviction procedures .
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Robert Patrick Butters v. State of Minnesota
Minn. Ct. App. 2016
(stating that a postconviction petitioner requesting an evidentiary hearing cannot depend on mere argumentative assertions without factual support).
- Laurie Lea Oliveira v. State of Minnesota Minn. Ct. App. 2016
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Laurie Lea Oliveira v. State of Minnesota
Minn. Ct. App. 2016
-13 (Minn. 2009) (holding that the Knaffla bar applied to ineffective- assistance-of-counsel claims that were known at the time of the direct appeal); (noting that Ferguson had requested a stay of his appeal to conduct further investigation into false-testimony claims).
- Rene Julian McKenzie v. State of Minnesota 872 N.W.2d 865 Minn. 2015
- State of Minnesota v. Justin Michael Fenney Minn. Ct. App. 2015
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State of Minnesota v. Justin Michael Fenney
Minn. Ct. App. 2015
uthority supporting his contention that a recanting witness’s out-of-court statements are excluded from consideration under the Larrison test, we apply the test as it is repeatedly described in caselaw: “Under the second Larrison prong, the court is to ask whether the petitioner has demonstrated that evidence “would probably produce an acquittal or a more favorable result.”
- Danny Ortega, Jr. v. State of Minnesota 856 N.W.2d 98 Minn. 2014
- Danny Ortega, Jr. v. State of Minnesota 856 N.W.2d 98 Minn. 2014
- Lincoln Lamar Caldwell v. State of Minnesota 853 N.W.2d 766 Minn. 2014
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Lincoln Lamar Caldwell v. State of Minnesota
853 N.W.2d 766
Minn. 2014
at 734 ; -15, 520 (Minn.2012) (remanding for a postconviction evidentiary hearing based on newly discovered evidence in the form of third-party affidavits stating that an alleged alternative perpetrator had confessed to committing the crime).
- State of Minnesota v. Don Antoine Jones 848 N.W.2d 528 Minn. 2014
- State of Minnesota v. Don Antoine Jones 848 N.W.2d 528 Minn. 2014
- Hooper v. State 838 N.W.2d 775 Minn. 2013
- Hooper v. State 838 N.W.2d 775 Minn. 2013
- Fort v. State 829 N.W.2d 78 Minn. 2013
- Fort v. State 829 N.W.2d 78 Minn. 2013
- McDonough v. State 827 N.W.2d 423 Minn. 2013