Cited by
Opinions in Minnesota that cite State v. Kindem, 313 N.W.2d 6.
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State of Minnesota v. Peter Jay Engen
Minn. Ct. App. 2023
“This means that the [district] court has broad discretion and that [appellate courts] generally will not interfere with the exercise of that discretion.”
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State of Minnesota v. Samuel Lee Griffith
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to 4 support a departure.” Minn. Sent’g Guidelines 2.D.1 (2018)
- State of Minnesota v. Leslie Herman Wheeler Minn. Ct. App. 2023
- State of Minnesota v. Tashawn Antionette Thomas Minn. Ct. App. 2023
- State of Minnesota v. Dejahn Akeem Wiley-Hunt Minn. Ct. App. 2023
- State of Minnesota v. Jared Devlin Johnson Minn. Ct. App. 2023
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Xanth Tyler Wilkins v. State of Minnesota
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence in the Minnesota Sentencing Guidelines “when substantial and compelling circumstances are present.” accord Minn. Sent’g Guidelines 2.D.1 (2018).
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State of Minnesota v. Jonathon Charles Kalvoda
Minn. Ct. App. 2022
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (2020)
- State of Minnesota v. Jason Michael Slattum Minn. Ct. App. 2022
- State of Minnesota v. Felix Hieu Imhoff Minn. Ct. App. 2022
- State of Minnesota v. Dontae Deshaun White Minn. Ct. App. 2022
- State of Minnesota v. Mubarak Osman Musse Minn. Ct. App. 2022
- State of Minnesota v. Abraham Palma Hernandez Minn. Ct. App. 2022
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State of Minnesota v. William Clyde Grunwald
Minn. Ct. App. 2022
d 6, 7 (Minn. 1981) (quotation omitted).
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State of Minnesota v. Cree James Diver
Minn. Ct. App. 2022
d 463, 468 (Minn. App. 2018) ().
- State of Minnesota v. Ashley Monique Swart Minn. Ct. App. 2022
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State of Minnesota v. Diedrich Allen Middleton
Minn. Ct. App. 2022
applicable caselaw is the well-developed caselaw—consisting of opinions issued both before and after Cermak and Womack—that an appellate court “generally will not interfere with a sentencing court’s decision to impose a term within the presumptive sentence range.” Delk, 8 d at 428
- State of Minnesota v. Cody Robert Meyer Minn. Ct. App. 2022
- State of Minnesota v. Lejuan Walter Hyde Minn. Ct. App. 2022
- State of Minnesota v. Orlando Omar Castillo Minn. Ct. App. 2022
- State of Minnesota v. Thomas Jacob Nohner Minn. Ct. App. 2022
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State of Minnesota v. Duncan Nyanaro Osoro
Minn. Ct. App. 2022
“[I]t would be a rare case which would warrant reversal of the refusal to depart.”
- State of Minnesota v. Samson Odey Finch Minn. Ct. App. 2022
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State of Minnesota v. Christopher Cory Wiedeman
Minn. Ct. App. 2022
“[T]he Guidelines state that when substantial and compelling circumstances are presen t, the judge ‘may’ depart.” State v. Kindem
- State of Minnesota v. Nicholas Rodriguez Minn. Ct. App. 2022
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State of Minnesota v. Robert Kent Pioro
Minn. Ct. App. 2022
The supreme court stated that— and other opinions expressing a gene ral reluctance to reverse a presumptive sentence—an appellate court may modify a presumptive sentence if a defendant, “because of his physical condition, is particularly unam enable to this form of incarceration at this time.” Id.
- State of Minnesota v. Edward David Stahlmann Minn. Ct. App. 2022
- State of Minnesota v. Jacob Winston Eckman Minn. Ct. App. 2022
- State of Minnesota v. Justin Thurmon Keltner Minn. Ct. App. 2022
- State of Minnesota v. Tracy Dean Bullock Minn. Ct. App. 2022
- State of Minnesota v. Travis James Zander Minn. Ct. App. 2022
- State of Minnesota v. Jeffrey Scott Hurst Minn. Ct. App. 2022
- Peter Devonn Crosby v. State of Minnesota Minn. Ct. App. 2021
- State of Minnesota v. Devon Deshawn Gordon Minn. Ct. App. 2021
- State of Minnesota v. Braxton Monte Anderson Minn. Ct. App. 2021
- State of Minnesota v. Brian John Leonida Minn. Ct. App. 2021
- State of Minnesota v. Jacob Elmo Larson Minn. Ct. App. 2021
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State of Minnesota v. Tony Xiong
Minn. Ct. App. 2021
The supre me court has repeatedly stated that “we do not ‘intend entirely to close the door on appeals from refusals to depart.’” d 660, 668 (Minn. 2006) ().
- State of Minnesota v. Christopher Dwayne Leckner Minn. Ct. App. 2021
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State of Minnesota v. Rex Christopher Kersey
Minn. Ct. App. 2021
“[I]t would be a rare case which would warrant reversal of the refusal to depart.”
- State of Minnesota v. Benjamin Bobo, III Minn. Ct. App. 2021
- State of Minnesota v. Randy Joel Bade Minn. Ct. App. 2021
- State of Minnesota v. Terrell Elijah Owens Minn. Ct. App. 2021
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State of Minnesota v. Angel Gabriel Aviles
Minn. Ct. App. 2021
“[I]t would be a rare case which would warrant reversal of the refusal to depart.”
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State of Minnesota v. Jonathon Ross Rudquist
Minn. Ct. App. 2021
“[I]t would be a rare case which would warrant reversal of the refusal to depart.”
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State of Minnesota v. Bobbie Christine Bishop
Minn. Ct. App. 2021
We only rarely reverse the imposition of a guidelines sentence, and will not modify it “absent compelling circumstances,”
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State of Minnesota v. Christopher Charles Clinton Ames
Minn. Ct. App. 2021
“[I]t would be a rare case which would warrant reversal of the refusal to depart.”
- State of Minnesota v. Dustin Eugene Bilges Minn. Ct. App. 2021
- State of Minnesota v. Michael Andre Richards Minn. Ct. App. 2021
- State of Minnesota v. Reginald Fenion Coe Minn. Ct. App. 2021