Cited by
Opinions in Minnesota that cite State v. Austin, 295 N.W.2d 246.
- State of Minnesota v. Donald Eldon Lamont Minn. Ct. App. 2024
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State of Minnesota v. Timothy Wayne Wells
Minn. Ct. App. 2024
d 246, 249-50 (Minn. 1980).
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State of Minnesota v. Donald Eldon Lamont
Minn. Ct. App. 2024
“The trial court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
- State of Minnesota v. Delilah Golden Metoxen Minn. Ct. App. 2024
- State of Minnesota v. David Wokeph Natee Minn. Ct. App. 2024
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State of Minnesota v. David Wokeph Natee
Minn. Ct. App. 2024
Before revoking a defendant’s probation, the district court must (1) “designate the specific condition or conditions that were violated,” (2) “find that the violation was intentional or inexcusable,” and (3) “find that need for confinement outweighs the policies favoring probation.”
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State of Minnesota v. Delilah Golden Metoxen
Minn. Ct. App. 2024
Before a district court may revoke probation, the court 7 must find that: (1) the probationer violated a specific condition of their probation; (2) the violation was intentional or inexcusable; and (3) the “need for confinement outweighs the policies favoring probation.”
- State of Minnesota v. Issac Semaj Coley Minn. Ct. App. 2024
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State of Minnesota v. Issac Semaj Coley
Minn. Ct. App. 2024
d 246, 250 (Minn. 1980).
- State of Minnesota v. Jordan Gregory Richardson Minn. Ct. App. 2024
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State of Minnesota v. Jordan Gregory Richardson
Minn. Ct. App. 2024
“[R]evocation should be used only as a last resort when treatment has failed.”
- State of Minnesota v. Ryan Emmett Moore Minn. Ct. App. 2024
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State of Minnesota v. Ryan Emmett Moore
Minn. Ct. App. 2024
However, before a district court can revoke probation, “the court must 1) designate the specific condition or conditions that were violated; 2) find that the violation was intentional or inexcusable; and 3) find that [the] need for confinement outweighs the policies favoring probation.”
- State of Minnesota v. Margaret Ann Frank Minn. Ct. App. 2024
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State of Minnesota v. Margaret Ann Frank
Minn. Ct. App. 2024
(directing district courts to make findings regarding three factors (the Austin factors) before revoking probation: (1) the specific condition of probation violated, (2) whether the violation was intentional or inexcusable, and (3) whether the policies favoring probation outweigh the need for conf
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State of Minnesota v. Rodney Owen Scofield
Minn. Ct. App. 2024
“The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
- State of Minnesota v. Cole Samuel Tran Minn. Ct. App. 2024
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State of Minnesota v. Cole Samuel Tran
Minn. Ct. App. 2024
The district court “has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
- State of Minnesota v. Marco Antonio Zavala Minn. Ct. App. 2024
- State of Minnesota v. Marco Antonio Zavala Minn. Ct. App. 2024
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State of Minnesota v. Theodore James Kolk
Minn. Ct. App. 2024
DECISION “The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
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State of Minnesota v. Orlando Jose Abrego
Minn. Ct. App. 2024
DECISION I. “The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” State v. Austin , -50 (Minn. 1980).
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State of Minnesota v. Anthony Lee Weber
Minn. Ct. App. 2024
Before doing so, the district court must (1) “designate the specific condition or conditions that were violated,” (2) “find that the violation was intentional or inexcusable,” and (3) “find that need for confinement outweighs the policies favoring probation.”
- State of Minnesota v. Daniel Roy Luckhardt Minn. Ct. App. 2024
- State of Minnesota v. Daniel Roy Luckhardt Minn. Ct. App. 2024
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State of Minnesota v. Cory Donald Ziesemer
Minn. Ct. App. 2023
State v. Austin , -50 (Minn. 1980).
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State of Minnesota v. William Joseph Garbow
Minn. Ct. App. 2023
istrict court failed to find “that the policies favoring probation were 5 outweighed by a need for confinement” and because “the record lacks sufficient evidence to support this finding.” “The [district] court has broad discretion in determining if there is sufficient evidence to revoke proba tion and should be reversed only if there is a clear abuse of that discretion.” State v. Austin , -50 (Minn. 1980).
- State of Minnesota v. Derek Charles Megraw Minn. Ct. App. 2023
- State of Minnesota v. Sean Douglas English Minn. Ct. App. 2023
- State of Minnesota v. Wilson Lee Townsel Minn. Ct. App. 2023
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State of Minnesota v. Kerion Amare Briggs
Minn. Ct. App. 2023
District courts have “broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
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State of Minnesota v. Majed Issac Ijong
Minn. Ct. App. 2023
A district court may revoke probation only if the court (1) designates the specific condition that has been violated, (2) finds that the violations were “intentional or inexcusable,” and (3) finds “that need for confinement outweighs the policies favoring probation.”
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State of Minnesota v. Brandon William Soular
Minn. Ct. App. 2023
DECISION “The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
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State of Minnesota v. Gregory Robert Perkins
Minn. Ct. App. 2023
A district court may revoke probation only if the court (1) designates the specific condition that has been violated, (2) finds that the violations were “intentional or inexcusable,” and (3) finds “that need for confinement outweighs the policies favoring probation.”
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State of Minnesota v. Cassandra Jane Gimmer
Minn. Ct. App. 2023
NONPRECEDENTIAL OPINION COCHRAN, Judge Appellant challenges the district court’s order revoking her probation and executing her sentence
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State of Minnesota v. Keith Melvin Baerg
Minn. Ct. App. 2023
2 NONPRECEDENTIAL OPINION REILLY, Judge On appeal after re mand in this probation- revocation matter, appellant argues that the district court erred in finding that the need for his confinement outweighed the policies favoring continued probation under State v. Austin , .
- State of Minnesota v. Raul Segundo Benitez-Rivero Minn. Ct. App. 2023
- State of Minnesota v. Keith Arthur Bowers Minn. Ct. App. 2023
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State of Minnesota v. Victor Steven Fortner
Minn. Ct. App. 2023
“The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” - 50 (Minn. 1980).
- State of Minnesota v. Eric Demont Wilson Minn. Ct. App. 2023
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State of Minnesota v. Dawn Marie Delille
Minn. Ct. App. 2023
“A district court has ‘broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.’” (-50 (Minn. 1980)).
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State of Minnesota v. Ivan Ray Vaughan
Minn. Ct. App. 2023
“The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
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State of Minnesota v. Merwin Andrew Coleman
Minn. Ct. App. 2023
But, before revoking probation and executing the underlying sentence, the district court must find that: (1) the probationer violated at least one specific condition of their probation, (2) “the violation was intentional or inexcusable,” and (3) the “need for confinement outweighs the policies favoring probation.”
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State of Minnesota v. Bert Strom
Minn. Ct. App. 2023
Before revoking probati on, the district court must “1) designate the specific condition or conditions that were violated; 2) find that the violation was intentional or inexcusable; and 3) find that [the] need for confinement outweighs the policies favoring probation.”
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State of Minnesota v. Hector Vivas Buezo
Minn. Ct. App. 2023
The probation contains several conditions, two of which require appellant to follow all state and federal criminal laws, and to contact his probation agent immediately if released from ICE custody in the U.S. or upon 1 .
- State of Minnesota v. Ashley Ann Stanley Minn. Ct. App. 2023
- State of Minnesota v. Noah Rogers Minn. Ct. App. 2023
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State of Minnesota v. Davonte Michael Robinson
Minn. Ct. App. 2023
“The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of discretion.” - 50 (Minn. 1980).
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State of Minnesota v. David Homer South
Minn. Ct. App. 2022
DECISION “The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
- State of Minnesota v. Sean Douglas English Minn. Ct. App. 2022