searching inquiry (Minnesota) · Go Syfert
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searching inquiry in Minnesota

12 Minnesota opinions name it 2 courts 1994–2026 4 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
State v. Muntgreen
minn · 2013 · cited in 7 Minnesota opinions naming this issue, 2015–2026
2 sentences

2026Munt, 831 N.W.2d at 586 . 5 The purpose of the searching inquiry is to ascertain the truth and scope of a defendant’s allegation.

2026A district court is required to “conduct a searching inquiry” into whether a defendant’s complaints warrant the appointment of substitute counsel only “[w]hen the defendant voices serious allegations of inadequate representation.” Id. (citation omitted) (internal quotation marks omitted). 18 Based on the facts and circumstances in the record, we determine that Turner’s waiver of his constitutional right to counsel was knowing, intelligent, and voluntary.

37
State v. Clarkgreen
minn · 2006 · cited in 3 Minnesota opinions naming this issue, 2010–2026
2 sentences

2026We address whether Tillman’s allegations were sufficient to require a searching inquiry in Part I.B. below. 14 allegation of inadequate representation might prove correct after detailed inquiry”); Clark, 722 N.W.2d at 464 (adopting the phrase “searching inquiry” from Morrissey and stating that a “searching inquiry” may be required when a defendant “voices serious allegations of inadequate representation”).

2026We address whether Tillman’s allegations were sufficient to require a searching inquiry in Part I.B. below. 14 allegation of inadequate representation might prove correct after detailed inquiry”); Clark, 722 N.W.2d at 464 (adopting the phrase “searching inquiry” from Morrissey and stating that a “searching inquiry” may be required when a defendant “voices serious allegations of inadequate representation”).

33
United States v. Reginald A. Morrisseygreen
ca2 · 1972 · cited in 3 Minnesota opinions naming this issue, 2006–2026
2 sentences

2026See United States v. Morrissey, 461 F.2d 666 , 670 n.6 (2d Cir. 1972) (explaining that, in light of allegations about attorney’s conduct, the trial judge should have engaged in a more searching inquiry than the “perfunctory, surface inquiry to determine the truth and scope” of the defendant’s reasons for seeking substitute counsel because of the “possibility that the defendant’s 4 There is no information in the record that the district court denied Tillman’s requests for substitute counsel on timeliness grounds, nor did either party raise this issue before us.

2026See United States v. Morrissey, 461 F.2d 666 , 670 n.6 (2d Cir. 1972) (explaining that, in light of allegations about attorney’s conduct, the trial judge should have engaged in a more searching inquiry than the “perfunctory, surface inquiry to determine the truth and scope” of the defendant’s reasons for seeking substitute counsel because of the “possibility that the defendant’s 4 There is no information in the record that the district court denied Tillman’s requests for substitute counsel on timeliness grounds, nor did either party raise this issue before us.

33
State v. Paigegreen
minnctapp · 2009 · cited in 1 Minnesota opinions naming this issue, 2016–2016
2 sentences

2016If “the defendant voices serious allegations of inadequate representation, the district court should conduct a searching inquiry before determining whether the defendant’s complaints warrant appointment of substitute counsel.” Munt, 831 N.W.2d at 586 (quotations omitted). “[W]hen a criminal defendant makes a request to discharge counsel, the district court is required to first ascertain how the defendant wishes to proceed after counsel is discharged, and then determine whether it is appropriate for the defendant to proceed as requested.” State v. Paige, 765 N.W.2d 134, 139 (Minn. App. 2009).

2016As was the case here, “a criminal defendant who requests to discharge counsel may wish to proceed with substitute counsel.” Id.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Martinez v. Court of Appeal of California, Fourth Appellate District green
scotus · 2000
2 sentences

2006In this connection, the concurrence relies on Martinez v. Court of Appeal of California, 528 U.S. 152 , 120 S.Ct. 684 , 145 L.Ed.2d 597 (2000), to suggest that a defendant whose constitutional rights have clearly been violated at trial might not have a right to seek relief from that violation on appeal.

2006In this connection, the concurrence relies on Martinez v. Court of Appeal of California, 528 U.S. 152 , 120 S.Ct. 684 , 145 L.Ed.2d 597 (2000), to suggest that a defendant whose constitutional rights have clearly been violated at trial might not have a right to seek relief from that violation on appeal.

12006–2006
State v. Ross green
minn · 1991
1 sentence

2004Id. at 654 .

12004–2004
State v. Davis green
minn · 1993
2 sentences

1994We will need to make that walk through McCollum carefully, keeping hand in hand the Batson dissent of former Chief Justice Burger, the McCollum concurrences of Chief Justice Rehnquist and Justice Thomas, the McCollum dissents of Justices O'Connor and Scalia, and Justice Simonett's strong majority opinion in State v. Davis, 504 N.W.2d 767 (Minn.1993), petition for cert. filed (U.S. Nov. 1, 1993) (No. 93-6577).

1994We will need to make that walk through McCollum carefully, keeping hand in hand the Batson dissent of former Chief Justice Burger, the McCollum concurrences of Chief Justice Rehnquist and Justice Thomas, the McCollum dissents of Justices O’Connor and Scalia, and Justice Simonett’s strong majority opinion in State v. Davis, 504 N.W.2d 767 (Minn.1993), petition for cert. filed (U.S. Nov. 1, 1993) (No. 93-6577).

11994–1994

Statutes the citing opinions construe

MN § Minn. Stat. § 480A.08 (3) MN § Minn. Stat. § 609.185 (3) MN § Minn. Stat. § 609.19 (3) MN § Minn. Stat. § 624.713 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 172 (1896–2026) PA 68 (1944–2025) MI 60 (1972–2026) NJ 56 (1964–2026) CT 38 (1981–2024) GA 32 (1944–2024) CA 19 (1910–2026) DC 18 (1946–2018) MD 17 (1952–2026) OH 16 (1980–2025) FL 14 (1971–2020) WA 13 (1930–2016) MN 12 (1994–2026) TX 12 (1986–2026) RI 11 (1979–2015) MS 11 (1973–2026) WI 11 (1969–2020) IA 11 (1969–2019) IL 11 (1958–2018) HI 10 (1980–2023) MA 8 (1935–2017) AL 8 (1973–2023) UT 8 (2006–2025) MO 7 (1955–2017) DE 7 (1988–2022) KY 6 (1901–2025) MT 6 (1922–2024) OK 4 (1992–2013) KS 4 (1962–2019) NH 4 (1981–2012) AK 3 (1993–2017) IN 3 (1899–1982) VA 3 (2018–2020) ME 3 (1980–2002) VT 3 (1958–2012) CO 2 (1993–2020) WY 2 (2011–2018) WV 2 (1984–1996) AR 2 (1978–2016) AZ 2 (1975–1993) OR 2 (1991–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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