DocketDrift

Real-time tracking of state judicial trends.

Explore

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Minnesota that cite State v. Schmit, 329 N.W.2d 56.

38 citing documents.

  • State of Minnesota v. Mo Savoy Hicks 864 N.W.2d 153 Minn. 2015
  • State of Minnesota v. Mo Savoy Hicks 864 N.W.2d 153 Minn. 2015
    -39, 744 (Minn.1998); 327 (Minn.1998); -55 (Minn.1982).
  • Dillon v. State 781 N.W.2d 588 Minn. Ct. App. 2010
  • Dillon v. State 781 N.W.2d 588 Minn. Ct. App. 2010
    In State v. Schmit, the supreme court held that an upward departure was justified because the appellant’s conduct was more serious than the typical act of heat-of-passion manslaughter, but it noted that the appellant’s concealment of the body and his lack of remorse were “not factors justifying aggravation of the sentence.” , 58 n. 1 (Minn.1983).
  • State v. Leja 684 N.W.2d 442 Minn. 2004
  • State v. Leja 684 N.W.2d 442 Minn. 2004
    Less than two months after the Shiue decision was handed down
  • State v. Leja 660 N.W.2d 459 Minn. Ct. App. 2003
  • State v. Leja 660 N.W.2d 459 Minn. Ct. App. 2003
    58 n. 1 (Minn.1983) (holding concealment of body without bargaining attempt was not a proper aggravating factor).
  • Rairdon v. State 557 N.W.2d 318 Minn. 1996
  • Rairdon v. State 557 N.W.2d 318 Minn. 1996
  • State v. Yanez 469 N.W.2d 452 Minn. Ct. App. 1991
  • State v. Yanez 469 N.W.2d 452 Minn. Ct. App. 1991
    (citing Womack, d at 19 ).
  • State v. Coley 468 N.W.2d 552 Minn. Ct. App. 1991
  • State v. Coley 468 N.W.2d 552 Minn. Ct. App. 1991
  • State v. Anderson 463 N.W.2d 551 Minn. Ct. App. 1990
  • State v. Anderson 463 N.W.2d 551 Minn. Ct. App. 1990
    which is relied on by the appellant, there is no indication that the trial court intended to negate the jury’s verdict.
  • State v. Murr 443 N.W.2d 833 Minn. Ct. App. 1989
  • State v. Murr 443 N.W.2d 833 Minn. Ct. App. 1989
    58 n. 1 (Minn.1983) (“Because defendant made no effort to bargain with information concerning the location of the body, his concealment of the body does not operate as an aggravating factor in sentencing”).
  • State v. Morrison 437 N.W.2d 422 Minn. Ct. App. 1989
  • State v. Morrison 437 N.W.2d 422 Minn. Ct. App. 1989
    See Minn. Sentencing Guidelines § II.D.2.b.(l) & (2); (violating a position of trust may be an aggravating factor); (the presence of children during the commission of a crime justified a double-departure sentence).
  • State v. Johnston 390 N.W.2d 451 Minn. Ct. App. 1986
  • State v. Johnston 390 N.W.2d 451 Minn. Ct. App. 1986
  • State v. Larson 379 N.W.2d 165 Minn. Ct. App. 1985
  • State v. Larson 379 N.W.2d 165 Minn. Ct. App. 1985
    (assailant murdered wife who trusted him enough to fall asleep in his presence; assailant shot her in her sleep).
  • State v. Jackson 370 N.W.2d 72 Minn. Ct. App. 1985
  • State v. Jackson 370 N.W.2d 72 Minn. Ct. App. 1985
  • State v. Campbell 367 N.W.2d 454 Minn. 1985
  • State v. Campbell 367 N.W.2d 454 Minn. 1985
  • State v. Hamilton 348 N.W.2d 112 Minn. Ct. App. 1984
  • State v. Hamilton 348 N.W.2d 112 Minn. Ct. App. 1984
    Vulnerability due to the victim’s trust was upheld as a
  • State v. McGee 347 N.W.2d 802 Minn. 1984
  • State v. McGee 347 N.W.2d 802 Minn. 1984
  • State v. Dietz 344 N.W.2d 386 Minn. 1984
  • State v. Dietz 344 N.W.2d 386 Minn. 1984
    ility, whereas in considering dispositional departures courts may focus more on the defendant as an individual); (social and financial factors may not be considered as reasons for a durational departure or one with respect to consecutive service, but occasionally they bear on a decision whether or not to grant a disposi-tional departure); , 58 n. 1 (Minn.1983) (defendant’s lack of remorse and trial court’s belief that a stiffer sentence was needed to deter defendant and others are not factors ju
  • State v. Wall 343 N.W.2d 22 Minn. 1984
  • State v. Wall 343 N.W.2d 22 Minn. 1984
    58 n. 1 (Minn.1983), we declined to decide whether a homicide victim was particularly vulnerable in the sense that she was asleep at the time of the killing.
  • State v. Back 341 N.W.2d 273 Minn. 1983
  • State v. Back 341 N.W.2d 273 Minn. 1983
    See State v. McGee, (Minn., filed September 16, 1983) (indicating that there may be cases in which a defendant’s lack of remorse could relate back and be considered as evidence bearing on a determination of the cruelty or seriousness of the conduct on which the conviction was based); n. 1 (Minn.1983) (indicating that the defendant’s lack of remorse was not a factor justifying a durational departure or one with respect to consecutive service); (indicating that a defendant’s remorse and attitude i