Cited by

Opinions in Minnesota that cite State v. Kindem, 313 N.W.2d 6.

745 citing documents.

Massey v. State 352 N.W.2d 487 Minn. Ct. App. 1984
State v. Kutchara 350 N.W.2d 924 Minn. 1984
State v. Kutchara 350 N.W.2d 924 Minn. 1984
King v. State 353 N.W.2d 144 Minn. Ct. App. 1984
King v. State 353 N.W.2d 144 Minn. Ct. App. 1984
The trial court has “broad discretion” in refusing to depart and will be reversed only in a “rare case.”
State v. Knopps 348 N.W.2d 829 Minn. Ct. App. 1984
State v. Knopps 348 N.W.2d 829 Minn. Ct. App. 1984
Trial court judges are given broad discretion in sentencing, and should depart from the guidelines only when substantial and compelling circumstances are present.
State v. Andren 347 N.W.2d 846 Minn. Ct. App. 1984
State v. Andren 347 N.W.2d 846 Minn. Ct. App. 1984
(refusal to make, dispositional departure and place defendant on probation); -8 (Minn.1981); (refusal to make dispo-sitional departure and place defendant on probation).
State v. Kinsky 348 N.W.2d 319 Minn. 1984
State v. Kinsky 348 N.W.2d 319 Minn. 1984
State v. Northard 348 N.W.2d 764 Minn. Ct. App. 1984
State v. Northard 348 N.W.2d 764 Minn. Ct. App. 1984
State v. Wallner 346 N.W.2d 386 Minn. Ct. App. 1984
State v. Wallner 346 N.W.2d 386 Minn. Ct. App. 1984
: [W]e believe that it would be a rare case which would warrant reversal of the refusal to depart.
State v. Pickett 343 N.W.2d 670 Minn. Ct. App. 1984
State v. Pickett 343 N.W.2d 670 Minn. Ct. App. 1984
State v. Wall 343 N.W.2d 22 Minn. 1984
State v. Wall 343 N.W.2d 22 Minn. 1984
State v. Nash 342 N.W.2d 177 Minn. Ct. App. 1984
State v. Nash 342 N.W.2d 177 Minn. Ct. App. 1984
The Minnesota Supreme Court has interpreted this language as meaning, “that the trial court has broad discretion and that we generally will not interfere with the exercise of that discretion.”
State v. Sherwood 341 N.W.2d 574 Minn. Ct. App. 1983
State v. Sherwood 341 N.W.2d 574 Minn. Ct. App. 1983
the first case in which a defendant challenged the refusal of the sentencing court to depart from the presumptive term, this Court’s opinion provided: Minn.Stat.
State v. Back 341 N.W.2d 273 Minn. 1983
State v. Back 341 N.W.2d 273 Minn. 1983
State v. Frey 340 N.W.2d 346 Minn. Ct. App. 1983
State v. Frey 340 N.W.2d 346 Minn. Ct. App. 1983
the court stated: Minn.Stat.
State v. Moore 340 N.W.2d 671 Minn. 1983
State v. Moore 340 N.W.2d 671 Minn. 1983
we generally will not interfere with the trial court’s discretionary decision not to depart from the presumptive sentence.
State v. Kindem 338 N.W.2d 9 Minn. 1983
State v. Kindem 338 N.W.2d 9 Minn. 1983
State v. Abeyta 336 N.W.2d 264 Minn. 1983
State v. Abeyta 336 N.W.2d 264 Minn. 1983
State v. Hines 330 N.W.2d 878 Minn. 1983
State v. Hines 330 N.W.2d 878 Minn. 1983
in holding that the trial court did not err in refusing to depart from the presumptive sentence and impose a more lenient sentence, we stated: [W]e do not intend entirely to close the door on appeals from refusals to depart.
State v. Bentley 329 N.W.2d 39 Minn. 1983
State v. Bentley 329 N.W.2d 39 Minn. 1983
However, we stated that although “we do not intend entirely to close the door on appeals from refusals to depart * * * * we believe that it would be a rare case which would warrant reversal of the refusal to depart.” (Minn., 19
State v. Brusven 327 N.W.2d 591 Minn. 1982
State v. Freyer 328 N.W.2d 140 Minn. 1982
State v. Freyer 328 N.W.2d 140 Minn. 1982
we indicated that we generally will not interfere with sentences that are within the presumptive sentence range.
State v. Brusven 327 N.W.2d 591 Minn. 1982
State v. Nelson 326 N.W.2d 917 Minn. 1982
State v. Nelson 326 N.W.2d 917 Minn. 1982
Defendant’s final contention, that the trial court erred in refusing the defendant’s requests to depart, where we stated that although “we do not intend to entirely close the door on appeals from refusals to depart * * * we believe that it would be a rare case which would warrant reversal of the refusal to depart.” There, we upheld a refusal to depart even though there may have been arguments for departin
State v. Kraft 326 N.W.2d 840 Minn. 1982
State v. Kraft 326 N.W.2d 840 Minn. 1982