Cited by
Opinions in Minnesota that cite State v. Stumm, 312 N.W.2d 248.
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Minn. 2020
n the victim’s zone of privacy, and the victim suffered serious psychological damage); (affirming a greater-than-double durational departure in first-degree criminal sexual conduct case when the victim was vulnerable, the victim was treated with particular cruelty, and the offense occurred in the victim’s zone of privacy); (affirming a greater-than-double durational departure when the victim was particularly vulnerable and was treated with particular cruelty).
- State v. Turrubiates 830 N.W.2d 173 Minn. Ct. App. 2013
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State v. Turrubiates
830 N.W.2d 173
Minn. Ct. App. 2013
“[F]ailure to aid is relevant to whether a person convicted of a crime has acted in a particularly cruel manner.” Tucker, d at 587 ; -49 (Minn.1981) (affirming departure based on victim’s particular vulnerability and defendant’s particular cruelty and “indifference to the [two-year-old] child’s medical needs after he inflicted the injurious blows that led to the child’s death,” which the defendant inflicted while babysitting the child).
- Tucker v. State 799 N.W.2d 583 Minn. 2011
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Tucker v. State
799 N.W.2d 583
Minn. 2011
3 See, (finding multiple grounds for departure when defendant participated in the aggravated robbery of an elderly victim and then left the injured, helpless victim secluded in victim’s apartment); (finding multiple grounds for departure when defendant, while babysitting, repeatedly punched his girlfriend’s 2-year-old child and then failed to seek help even after the child exhibited obvious signs of injury).
- Dillon v. State 781 N.W.2d 588 Minn. Ct. App. 2010
- Dillon v. State 781 N.W.2d 588 Minn. Ct. App. 2010
- Tucker v. State 777 N.W.2d 247 Minn. Ct. App. 2010
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Tucker v. State
777 N.W.2d 247
Minn. Ct. App. 2010
the defendant was convicted *251 of manslaughter of his girlfriend’s two-year-old child that resulted when he hit the child a number of times on the chest to get him to “stop whining.” Although the child apparently showed no instant outward signs of injury, the blows had lacerated his small intestine
- State v. Jones 745 N.W.2d 845 Minn. 2008
- State v. Jones 745 N.W.2d 845 Minn. 2008
- State v. Williams 608 N.W.2d 837 Minn. 2000
- State v. Williams 608 N.W.2d 837 Minn. 2000
- Rairdon v. State 557 N.W.2d 318 Minn. 1996
- Rairdon v. State 557 N.W.2d 318 Minn. 1996
- State v. Murphy 545 N.W.2d 909 Minn. 1996
- State v. Murphy 545 N.W.2d 909 Minn. 1996
- State v. Wilkinson 539 N.W.2d 249 Minn. Ct. App. 1995
- State v. Wilkinson 539 N.W.2d 249 Minn. Ct. App. 1995
- State v. Pearson 479 N.W.2d 401 Minn. Ct. App. 1991
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State v. Pearson
479 N.W.2d 401
Minn. Ct. App. 1991
Departures may exceed double the presumptive sentence, however, in those “rare cases in which the facts are so unusually compelling that an even greater degree of departure will be justified.” Id.; (general limit adopted in Evans does not apply when aggravating circumstances are compelling).
- State v. Anderson 463 N.W.2d 551 Minn. Ct. App. 1990
- State v. Hayes 456 N.W.2d 275 Minn. Ct. App. 1990
- State v. Hayes 456 N.W.2d 275 Minn. Ct. App. 1990
- State v. Bicek 429 N.W.2d 289 Minn. Ct. App. 1988
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State v. Bicek
429 N.W.2d 289
Minn. Ct. App. 1988
More significant from this Court's point of view, , the Defendant showed a particular indifference to the care and safety of this little child.
- State v. Glaraton 425 N.W.2d 831 Minn. 1988
- State v. Glaraton 425 N.W.2d 831 Minn. 1988
- State v. Steinhaus 405 N.W.2d 270 Minn. Ct. App. 1987
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State v. Steinhaus
405 N.W.2d 270
Minn. Ct. App. 1987
Appellant attempts to minimize the severe circumstances through a
- State v. Butzin 404 N.W.2d 819 Minn. Ct. App. 1987
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State v. Butzin
404 N.W.2d 819
Minn. Ct. App. 1987
the Minnesota Supreme Court affirmed the trial court’s decision to more than triple the presumptive sentence in a case in which defendant was convicted of second degree manslaughter in the death of his girlfriend’s son.
- State v. Leonard 400 N.W.2d 206 Minn. Ct. App. 1987
- State v. Leonard 400 N.W.2d 206 Minn. Ct. App. 1987
- State v. Mortland 399 N.W.2d 92 Minn. 1987
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State v. Mortland
399 N.W.2d 92
Minn. 1987
(holding that generally when aggravating circumstances are present, the upward limit on a durational departure is double the maximum presumptive sentence duration), (holding that when aggravating circumstances are severe, the general limit adopted in the Evans case does not apply).
- State v. Edmison 398 N.W.2d 584 Minn. Ct. App. 1986
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State v. Edmison
398 N.W.2d 584
Minn. Ct. App. 1986
(Amdahl, C.J., concurring).
- State v. Loitz 366 N.W.2d 744 Minn. Ct. App. 1985
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State v. Loitz
366 N.W.2d 744
Minn. Ct. App. 1985
More significant from this Court’s point of view, , the Defendant showed a particular indifference to the care and safety of this little child.
- State v. Andren 347 N.W.2d 846 Minn. Ct. App. 1984
- State v. Andren 347 N.W.2d 846 Minn. Ct. App. 1984
- State v. Udstuen 345 N.W.2d 766 Minn. 1984
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State v. Udstuen
345 N.W.2d 766
Minn. 1984
Cases supporting the departure include:
- State v. Wellman 341 N.W.2d 561 Minn. 1983
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State v. Wellman
341 N.W.2d 561
Minn. 1983
1 also a child abuse case, we upheld a departure greater than double the presumptive sentence duration because of the presence of severe aggravating eircum-stances that justified making an exception to the Evans doubling rule.
- State v. Vazquez 330 N.W.2d 110 Minn. 1983
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State v. Vazquez
330 N.W.2d 110
Minn. 1983
Additionally, the standards dealing with departure and scope of departure — — servé the same purpose.
- State v. Schmit 329 N.W.2d 56 Minn. 1983
- State v. Schmit 329 N.W.2d 56 Minn. 1983