The affidavit must contain "'sufficient underlying facts so that the magistrate may draw his own conclusions of whether probable cause exists.'" Hanson v. State, 344 N.W.2d 420, 423 (Minn.App. 1984) (quoting Minnesota Judge's Criminal Benchbook, 1-4 (1983 Supp.)). Reasonable inferences are part of the process of establishing probable cause. State v. Eggler, 372 N.W.2d 12, 15 (Minn.App. 1985), review denied (Minn.
ANALYSIS Brodell bears the burden of proving: by a preponderance of the evidence the facts which would warrant withdrawal of his guilty plea. Minn.Stat. § 590.04, subd. 3 (1983); Hanson v. State, 344 N.W.2d 420, 423 (Minn.Ct.App. 1984). The scope of our review is limited to ascertaining whether there is sufficient evidence in the record to support the findings of the post-conviction court. Hanson; State v. Doughman, 340 N.W.2d 348 (Minn.Ct.App. 1983); Kochevar v. State, 281 N.W.2d 680, 687 (Minn.
Such an instruction limited any prejudicial effect. See Hanson v. State, 344 N.W.2d 420 (Minn.App. 1984); State v. Brouillette, 286 N.W.2d 702 (Minn. 1979) ( citing Spencer v. Texas, 385 U.S. 554, 87 S.Ct. 648, 17 L.Ed.2d 606 (1967)).
An "explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed first-hand, entitles [the] tip to greater weight than might otherwise be the case." Hanson v. State, 344 N.W.2d 420, 424 (Minn.App. 1984). Here, the sufficiently detailed information provided by J.C. makes him a credible source.
Further, an "explicit and detailed description of the alleged wrongdoing, along with a statement that the event was observed first-hand, entitles [the] tip to greater weight than might otherwise be the case." Hanson v. State, 344 N.W.2d 420, 424 (Minn.App. 1984). Here, the concerned citizens' information was highly detailed.
1993). A petitioner seeking postconviction relief has the burden of establishing, by a fair preponderance of the evidence, facts that warrant relief. Minn. Stat. § 590.04, subd. 3 (2000); see also Hanson v. State, 344 N.W.2d 420, 423 (Minn.App. 1984). A postconviction court may dismiss a petition for postconviction relief without an evidentiary hearing if the petition, files, and record "conclusively show that the petitioner is entitled to no relief."
1993). A petitioner seeking postconviction relief has the burden of establishing, by a fair preponderance of the evidence, facts that warrant relief. Minn. Stat. § 590.04, subd. 3 (2000); see also Hanson v. State, 344 N.W.2d 420, 423 (Minn.App. 1984). A postconviction court may dismiss a petition for postconviction relief without an evidentiary hearing if the petition, files, and record "conclusively show that the petitioner is entitled to no relief." Minn. Stat. § 590.04, subd.
State v. Gabbert, 411 N.W.2d 209, 212 (Minn.Ct.App. 1987) (quoting Leon, 468 U.S. at 915, 104 S.Ct. at 3416-17). As noted in Hanson v. State, 344 N.W.2d 420 (Minn.Ct.App. 1984), the supreme court in Gates emphasized that the basis for the informant's knowledge, reliability and veracity are closely intertwined issues which may be considered in determining whether there is probable cause to support a search warrant. Id. at 423; see also State v. Doyle, 336 N.W.2d 247, 249-50 n. 1 (Minn. 1983).
Although the obvious inferences to be drawn from Martens' testimony would likely be adverse to appellant, defense counsel opened the door to this questioning and cannot now claim prejudice. Hanson v. State, 344 N.W.2d 420, 425 (Minn.Ct.App. 1984). It may have been a tactical move by defense counsel. 2.
The burden is on the petitioner at a postconviction proceeding to prove by a preponderance of the evidence the facts which would warrant withdrawal of his guilty plea. Minn.Stat. § 590.04, subd. 3 (1984); Hanson v. State, 344 N.W.2d 420, 423 (Minn.Ct.App. 1984). In order to determine whether petitioner met his burden before the postconviction court, we must examine the circumstances underlying entry of the guilty plea now being challenged.