Cited by
Opinions in Minnesota that cite State v. Austin, 295 N.W.2d 246.
- 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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
Minn. Ct. App. 2023
State v. Austin , -50 (Minn. 1980).
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“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, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022