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Public record · Human review · No verdicts asserted

Cited by

Opinions in Minnesota that cite State v. Luna, 320 N.W.2d 87.

34 citing documents.

  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    And in State v. Luna, in the context of sentencing, our supreme court considered whether the “defendant had been in some sort of position of authority over the victim by virtue of his friendship with the victim’s mother.”
  • Minn. 2020
    See, (“The combination of these facts with other facts, including the fact that the victim was only 13 years old, makes this case sufficiently different in degree to justify the limited upward departure.”).
  • State v. Skinner 450 N.W.2d 648 Minn. Ct. App. 1990
  • State v. Skinner 450 N.W.2d 648 Minn. Ct. App. 1990
  • State v. Hodges 384 N.W.2d 175 Minn. Ct. App. 1986
  • State v. Hodges 384 N.W.2d 175 Minn. Ct. App. 1986
  • State v. Gist 358 N.W.2d 664 Minn. 1984
  • State v. Gist 358 N.W.2d 664 Minn. 1984
    (stating there was no substantial basis to believe victim’s epilepsy was a substantial factor in the defendant’s accomplishing sexual penetration); (“regardless of our ages, we are all equally vulnerable in the face of a knife”).
  • Ture v. State 353 N.W.2d 518 Minn. 1984
  • Ture v. State 353 N.W.2d 518 Minn. 1984
  • State v. Ahern 349 N.W.2d 838 Minn. Ct. App. 1984
  • State v. Ahern 349 N.W.2d 838 Minn. Ct. App. 1984
  • State v. Cermak 350 N.W.2d 328 Minn. 1984
  • State v. Cermak 350 N.W.2d 328 Minn. 1984
  • State v. Cermak 344 N.W.2d 833 Minn. 1984
  • State v. Gissendanner 343 N.W.2d 668 Minn. 1984
  • Kilcoyne v. State 344 N.W.2d 394 Minn. 1984
  • Kilcoyne v. State 344 N.W.2d 394 Minn. 1984
  • State v. Cermak 344 N.W.2d 833 Minn. 1984
    However, “[e]ach case must, nonetheless, be considered on its own” with the sentencing court making a “qualitative assessment” of all the facts to determine if the defendant’s conduct was sufficiently different in degree to justify the durational departure.
  • State v. Gissendanner 343 N.W.2d 668 Minn. 1984
  • State v. Back 341 N.W.2d 273 Minn. 1983
  • State v. Back 341 N.W.2d 273 Minn. 1983
    (qualitative assessment of facts justified conclusion that defendant’s conduct was sufficiently different in degree to justify departure); (robbery was more aggravated form of armed robbery because defendant put a large number of people in fear, kidnapped one per
  • State v. Peterson 329 N.W.2d 58 Minn. 1983
  • State v. Peterson 329 N.W.2d 58 Minn. 1983
  • State v. Brusven 327 N.W.2d 591 Minn. 1982
  • State v. Brusven 327 N.W.2d 591 Minn. 1982
  • State v. Johnson 327 N.W.2d 580 Minn. 1982
  • State v. Johnson 327 N.W.2d 580 Minn. 1982
    A number of our cases, make it clear that, generally, the legislature has taken the vulnerability of the victims of rape, including their age, into account in distinguishing rape offense by degree.
  • State v. Morales 324 N.W.2d 374 Minn. 1982
  • State v. Morales 324 N.W.2d 374 Minn. 1982
    In three recent cases - -we have discussed the issue of when and to what extent departure is justified in sex cases.
  • State v. Herberg 324 N.W.2d 346 Minn. 1982
  • State v. Herberg 324 N.W.2d 346 Minn. 1982
    In three recent cases - -we have discussed the issue of when and to what extent departure is justified in sex cases.
  • State v. Profit 323 N.W.2d 34 Minn. 1982
  • State v. Profit 323 N.W.2d 34 Minn. 1982