# State v. Nicks

> Supreme Court of Minnesota · May 31, 2013 · 831 N.W.2d 493

URL: https://www.frixlaw.com/law-library/cases/8246872

## Case

- **Full name:** STATE of Minnesota v. Nidjia Dean NICKS
- **Court:** Supreme Court of Minnesota
- **Decided:** May 31, 2013
- **Citations:** 831 N.W.2d 493; 2013 Minn. LEXIS 305; 2013 WL 2363234
- **Precedential status:** Published
- **Opinion:** Dissent by Dietzen
- **Judges:** Anderson, Dietzen, Gildea, Paul
- **Cited by:** 97 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8246872

## How later opinions describe it (automated extraction)

- concluding that counsel’s conduct was not unreviewable trial strategy when “it appears that the cellphone- 14 record evidence was not obtained because trial counsel did not follow up on information received and did not perform the necessary steps to successfully execute on his…
- concluding that defendant was entitled to postconviction evidentiary hearing on claim that he received ineffective assistance due to attorney’s inattention during trial preparation
- noting that “almost any failing by a trial counsel contains components that could be articulated as a decision or a choice” and suggesting that trial strategy should be treated “as a factor that [appellate courts] use to assess ineffective assistance claims,” not as “an impreg…
- stating that the extent of any investigation is a part of trial strategy, and includes whether to interview and call prospective witnesses, and should not be readily second-guessed
- stating that trial counsel has “wide latitude to determine the best strategy for the client”

## Opinion text

DIETZEN, J.
(dissenting).
I join in the dissent of Chief Justice Lorie Gildea.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8246872. Public record. Not legal advice.