legal basis claim (Minnesota) · Go Syfert
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legal basis claim in Minnesota

8 Minnesota opinions name it 1 courts 1986–2002 0 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
Roby v. Stategreen
minn · 1995 · cited in 4 Minnesota opinions naming this issue, 1998–2002
2 sentences

2002However, an exception to the Knajf-la rule provides that “[e]ven if the legal basis of the claim was reasonably available, this court may allow substantive review in limited situations when fairness so requires and when the petitioner did not ‘deliberately and inexcusably’ fail to raise the issue on direct appeal.” Russell v. State, 562 N.W.2d 670, 672 (Minn.1997) (quoting Roby v. State, 531 N.W.2d 482, 484 (Minn.1995)).

1998“Even if the legal basis of the claim was reasonably available, this court may allow substantive review in limited situations when fairness so requires and when the petitioner did not ‘deliberately and inexcusably’ fail to raise the issue on direct appeal.” Id. (citing Roby v. State, 531 N.W.2d 482, 484 (Minn.1995)).

34
Russell v. Stategreen
minn · 1997 · cited in 3 Minnesota opinions naming this issue, 1998–2002
2 sentences

2002However, an exception to the Knajf-la rule provides that “[e]ven if the legal basis of the claim was reasonably available, this court may allow substantive review in limited situations when fairness so requires and when the petitioner did not ‘deliberately and inexcusably’ fail to raise the issue on direct appeal.” Russell v. State, 562 N.W.2d 670, 672 (Minn.1997) (quoting Roby v. State, 531 N.W.2d 482, 484 (Minn.1995)).

1998“Even if the legal basis of the claim was reasonably available, this court may allow substantive review in limited situations when fairness so requires and when the petitioner did not ‘deliberately and inexcusably’ fail to raise the issue on direct appeal.” Id. (citing Roby v. State, 531 N.W.2d 482, 484 (Minn.1995)).

23
Fox v. Stategreen
minn · 1991 · cited in 2 Minnesota opinions naming this issue, 2001–2001
2 sentences

2001Fox v. State, 474 N.W.2d 821, 824-25 (Minn.1991) (citation omitted).

2001Fox, 474 N.W.2d at 825 .

12
Case v. Stategreen
minn · 1985 · cited in 2 Minnesota opinions naming this issue, 1997–2000
2 sentences

2000See Case v. State, 364 N.W.2d 797, 800 (Minn.1985).

2000See Case v. State, 364 N.W.2d 797, 800 (Minn.1985).

12

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 (1)

CaseCitedYears
Jacobs v. Farmland Mutual Insurance Co. green
minn · 1985
2 sentences

1986Fraud is, as we have noted, "a protean legal concept, assuming many shapes and forms." Jacobs v. Farmland Mutual Insurance Co., 377 N.W.2d 441 , 444 n. 1.

1986Fraud is, as we have noted, “a protean legal concept, assuming many shapes and forms.” Jacobs v. Farmland Mutual Insurance Co., 377 N.W.2d 441 , 444 n. 1.

11986–1986

Statutes the citing opinions construe

MN § Minn. Stat. § 590.04 (6)

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

CA 45 (1941–2026) TX 34 (1963–2026) FL 22 (1991–2024) TN 16 (2015–2026) IL 15 (1889–2026) OK 14 (1997–2023) UT 11 (1988–2020) MI 10 (1907–2025) CO 8 (1988–2025) MN 8 (1986–2002) NY 6 (1988–2016) NV 6 (2011–2020) MA 5 (1997–2025) MO 4 (1994–2025) NC 3 (1993–2019) PA 3 (1973–2026) WA 3 (1994–2025) OR 3 (2019–2023) MS 2 (2009–2019) WI 2 (1994–2010) AL 2 (1989–2005) ND 2 (2010–2010) CT 2 (1992–2020) LA 2 (1992–1993) NJ 2 (1959–2006) NM 2 (1971–2024)

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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