Lussier v. State

175 Citing cases

  1. State v. Bustamante

    No. A21-0845 (Minn. Ct. App. May. 2, 2022)

    "Whether a plea is valid is a question of law which we review de novo." Lussier v. State, 821 N.W.2d 581, 588 (Minn. 2012). Here, Bustamante asserts that his plea was inaccurate because he did not admit to facts that established his guilt for the aggravating element of the charge.

  2. State v. Houle

    A17-0286 (Minn. Ct. App. Nov. 27, 2017)

    A plea petition and colloquy may be supplemented by such things as written statements by witnesses, transcripts of grand jury proceedings, facts alleged in a criminal complaint, and photographs. Lussier v. State, 821 N.W.2d 581, 588 (Minn. 2012); Trott, 338 N.W.2d at 252; State v. Eller, 780 N.W.2d 375, 381 (Minn. App. 2010), review denied (Minn. June 15, 2010).

  3. State v. Maye

    A15-0213 (Minn. Ct. App. Dec. 28, 2015)

    The defendant has the burden to show that a plea was invalid. Lussier v. State, 821 N.W.2d 581, 588 (Minn. 2012). To be valid, a plea must be accurate, voluntary, and intelligent.

  4. Marek v. State

    A13-0266 (Minn. Ct. App. Aug. 19, 2013)

    "The defendant bears the burden to establish that his plea was invalid." Lussier v. State, 821 N.W.2d 581, 588 (Minn. 2012). The validity of a guilty plea is a question of law, which we review de novo.

  5. State v. Nickaboine

    A20-0258 (Minn. Ct. App. Feb. 22, 2021)

    A proper factual basis is established when "the record contains a showing that there is credible evidence available which would support a jury verdict that [the] defendant is guilty of at least as great a crime as that to which he pled guilty." Lussier v. State, 821 N.W.2d 581, 588-89 (Minn. 2012). Establishing a proper factual basis is "typically" accomplished "by asking the defendant to express in his own words what happened."

  6. State v. Whitelow

    A19-1480 (Minn. Ct. App. Jul. 27, 2020)

    The defendant bears the burden of showing that his plea was invalid. Lussier v. State, 821 N.W.2d 581, 588 (Minn. 2012). The validity of a guilty plea is a legal question that we review de novo.

  7. State v. Foley

    A18-1895 (Minn. Ct. App. Nov. 4, 2019)

    The defendant bears the burden of showing that his plea was invalid. Id; Lussier v. State, 821 N.W.2d 581, 588 (Minn. 2012). An accurate plea must be established on a proper factual basis.

  8. State v. Friedrichs

    A19-0075 (Minn. Ct. App. Oct. 7, 2019)

    Typically, the factual basis for the plea is established when the defendant describes the crime in his own words. Lussier v. State, 821 N.W.2d 581, 589 (Minn. 2012). During his plea colloquy with defense counsel, Friedrichs testified that he took property valued at greater than $5,000 in Le Sueur County without the owner's consent.

  9. State v. Hardy

    A18-0314 (Minn. Ct. App. Dec. 24, 2018)

    The defendant bears the burden of showing that his plea was invalid. Lussier v. State, 821 N.W.2d 581, 588 (Minn. 2012). The validity of a guilty plea is a question of law we review de novo. Raleigh, 778 N.W.2d at 94.

  10. Sanchez v. State

    868 N.W.2d 282 (Minn. Ct. App. 2015)   Cited 25 times
    Looking to the complaint for factual basis to support guilty plea

    An accurate plea must be supported by “a proper factual basis” in the record. Lussier v. State, 821 N.W.2d 581, 588 (Minn.2012). Typically, a defendant's expression “in his own words [of] what happened” provides this basis.