Cited by
Opinions in Minnesota that cite State v. Austin, 295 N.W.2d 246.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
Cerda challenges her probation revocation, arguing that the need for confinement did not outweigh policy considerations favoring her continued probatio n. “The [district] court has broad discretion in determining if there is sufficient evidence to revoke 6 probation,” and we reverse “only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
He challenges the district 2 court’s arguing that (1) the district court relied on unnoticed violations to find that he violated conditions of probation, (2) there was insufficient proof that the violations were intentional or inexcusable, and (3) there was insufficient proof that the need for confinement outweighed the policies fav
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
To revoke probation, a 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 .”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
A district court’s decision to revoke probation and execute a sentence “cannot be a reflexive reaction to an accumulation of technical violations,” but instead “requires a showing that the offender’s behavior demonstrates that he or she cannot be counted on to avoid antisocial activity.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
The district court credited the probation officer’ s testimony and concluded that appellant failed to successfully complete the Teen Challenge program: 1 In State v. Austin , , the Minnesota Supreme Court established that, to revoke probation, the district court must address three factors.
- State of Minnesota, Respondent, Minn. Ct. App. 2020
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
To revoke an o ffender’s probation, a 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, Respondent,
Minn. Ct. App. 2020
In State v. Austin, the supreme court held that the district court mu st make three findings before revoking probation: “1) designate the specific condition or conditions that were violated; 2) find that the violation was intentional or inexcusabl e; and 3) find that need for confinement outweighs the policies favoring probation.”
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
Before revoking probation, the distri ct 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, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
“The [distr ict] 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).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
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).
- James Leon Nordrum, Jr., petitioner, Appellant, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
-
In the Matter of the Welfare of: S. R. L., Child.
Minn. Ct. App. 2019
To revoke probation in a juvenile delinquency proceeding
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
Cf. State v. Austin , (stating that the decision to revoke probation “cannot be a reflexive reaction to an accumulation of technical vi olations but requires a showing that the offender’ s behavior demonstrates that he or she cannot be counted on to avoid antisocial activity” (quotations omitted)).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Austin , -50 (Minn. 1980).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
To revoke 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.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
-
A19-0015
Minn. Ct. App. 2019
State v. Austin , -50 (Minn. 1980).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
When revoking 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.” State v. Austin , .
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
D E C I S I O N Before revoking probation, a district court must “1) designate the specific condition or conditions that were violated; 2) find that the violation wa s intentional or inexcusable; and 3) find that need for confinement outweighs the policies favoring probation.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Austin , -50 (Minn. 1980).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
D E C I S I O N 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.” 6 -50 (Minn. 1980).
-
Samuel Wayne Behrens, Jr., Appellant,
Minn. Ct. App. 2019
To revoke probation, a district court must identify the specific conditions of probation that were violated, find that those violations were “intentional or inexcusable,” and “find that need for confinement outweighs the policies favoring probation.” .
- State of Minnesota, Respondent, Minn. Ct. App. 2019
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Austin , -250 (M inn.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
D E C I S I O N The district court has “broad d iscretion in determining if there is sufficient evidence to revoke probation.”
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Austin , ; (citing Austin).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
“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. 2019
“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)).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
5 D E C I S I O N “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); (stating that the state must prove a probation violation by clear and convincing evidence).
- State of Minnesota, Appellant, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
D E C I S I O N Appellant argues that the district court abused its discretion when it revoked his probation and executed his sentence because it failed to offer substantive reasons for the revocation in its findings for the sec ond and third factors
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State v. Greenough 915 N.W.2d 915 Minn. Ct. App. 2018
-
State v. Greenough
915 N.W.2d 915
Minn. Ct. App. 2018
The district court treated the hearing as a probation-revocation hearing and made findings in accordance with State v. Austin , , 250 (Minn. 1980).