Cited by
Opinions in Minnesota that cite State v. Modtland, 695 N.W.2d 602.
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State of Minnesota v. D. E. C
Minn. Ct. App. 2018
must find at least one of three policies favor revocation: (1) “confinement is necessary to protect the public from further criminal activity by the offender”; (2) “the offender is in need of correctional treatment which can most effectively be provided if he is confined”; or (3) “it would unduly depreciate the seriousness of the violation if probation were not revoked.” (quotation omitted).
- State of Minnesota v. Kenneth Bernard Smith Minn. Ct. App. 2018
- State of Minnesota v. Ronald James Meyer Minn. Ct. App. 2017
- State of Minnesota v. Daniel Amor Minn. Ct. App. 2017
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State of Minnesota v. Corey Isaiah Bradley
Minn. Ct. App. 2017
See State v. Modtland , State v. Austin
- State of Minnesota v. Jack Lawrence Schwab Minn. Ct. App. 2017
- State of Minnesota v. Brian Kenneth Moore Minn. Ct. App. 2017
- State of Minnesota v. Jose Fernando Vargas Minn. Ct. App. 2017
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State of Minnesota v. Kirk Edward Wolhart
Minn. Ct. App. 2017
( d 246, 249 -50 (Minn. 1980)).
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State of Minnesota v. Cory L. Dieteman
Minn. Ct. App. 2017
State v. Modtland , -08 (Minn. 2005).
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State of Minnesota v. Virgil Ernest Beaulieu
Minn. Ct. App. 2017
Despite the lengthy colloquy between Beaulieu and the district court, and states that “probation reflexively sought revocation.
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State of Minnesota v. Jessica Lynn Maack
Minn. Ct. App. 2017
When making Austin findings, a district court should “seek to convey [its] substantive reason[] for revocation and the evidence relied upon.”
- State of Minnesota v. Eric Steven Morgan Minn. Ct. App. 2017
- State of Minnesota v. Yusuf Ahmed Osman Minn. Ct. App. 2017
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State of Minnesota v. Jack Lawrence Schwab
Minn. Ct. App. 2017
State v. Modtland , −08 (Minn. 2005).
- State of Minnesota v. Jesse Tyler Schafer Minn. Ct. App. 2017
- State of Minnesota v. Jesse Tyler Schafer Minn. Ct. App. 2017
- State of Minnesota v. Kyle Jon Wilczek Minn. Ct. App. 2017
- State of Minnesota v. Kyle Jon Wilczek Minn. Ct. App. 2017
- State of Minnesota v. Lenny Clyde White Minn. Ct. App. 2017
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State of Minnesota v. Lenny Clyde White
Minn. Ct. App. 2017
The third Austin factor requires the district court to “balance the probationer’s interest in freedom and the state’s interest in insuring his rehabilitation and the public safety, and base [its] decisions on sound judgment and not just [its] will.” -07 (Minn. 2005) (quotations omitted).
- State of Minnesota v. Deandre Lashawn Robinson Minn. Ct. App. 2017
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State of Minnesota v. Deandre Lashawn Robinson
Minn. Ct. App. 2017
A district court may revoke probation only if the court (1) “designate[s] the specific condition” of probation that has been violated, (2) “find[s] that the violation was intentional or inexcusable,” and (3) finds that the “need for confinement outweighs the policies favoring probation.” d 246, 250 (Minn. 1980)
- State of Minnesota v. Cole Michael Habinger Minn. Ct. App. 2016
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State of Minnesota v. Cole Michael Habinger
Minn. Ct. App. 2016
3 DECISION “A district court has ‘broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.’” (-50 (Minn. 1980)).
- State of Minnesota v. Vaundell DuWayne Kingbird Minn. Ct. App. 2016
- State of Minnesota v. Vaundell DuWayne Kingbird Minn. Ct. App. 2016
- State of Minnesota v. Kamal Elyas Maqadin Minn. Ct. App. 2016
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State of Minnesota v. Kamal Elyas Maqadin
Minn. Ct. App. 2016
DECISION “A district court has ‘broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.’” (–50 (Minn. 1980)).
- State of Minnesota v. Jarvaughn Douglas Washington Minn. Ct. App. 2016
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State of Minnesota v. Jarvaughn Douglas Washington
Minn. Ct. App. 2016
The district court must make specific findings that establish the 4 “substantive reasons for revocation and the evidence relied upon” and may not simply “recit[e] the three factors and offer[] general, non-specific reasons for revocation.”
- State of Minnesota v. Peter James Trumble Minn. Ct. App. 2016
- State of Minnesota v. Anthony Roger Prout Minn. Ct. App. 2016
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State of Minnesota v. Peter James Trumble
Minn. Ct. App. 2016
“A district court has ‘broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.’” (quoting Austin, d at 249-50).
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State of Minnesota v. Anthony Roger Prout
Minn. Ct. App. 2016
(quoting Austin, d at 251).
- State of Minnesota v. Larry Kenneth Karius Minn. Ct. App. 2016
- State of Minnesota v. Larry Kenneth Karius Minn. Ct. App. 2016
- State of Minnesota v. Byron Dean Sayers Minn. Ct. App. 2016
- State of Minnesota v. Brandon Harley Johansen Minn. Ct. App. 2016
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State of Minnesota v. Brandon Harley Johansen
Minn. Ct. App. 2016
(quoting Austin, d at 251).
- State of Minnesota v. Byron Dean Sayers Minn. Ct. App. 2016
- State of Minnesota v. Jonathan Earl Brown Minn. Ct. App. 2016
- State of Minnesota v. Jonathan Earl Brown Minn. Ct. App. 2016
- State of Minnesota v. James Paul Wilkins Minn. Ct. App. 2016
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State of Minnesota v. James Paul Wilkins
Minn. Ct. App. 2016
(quoting Austin, d at 251).
- State of Minnesota v. Max Dylan Loosen-Scholer Minn. Ct. App. 2016
- State of Minnesota v. Max Dylan Loosen-Scholer Minn. Ct. App. 2016
- State of Minnesota v. Travis Joseph Petermeier Minn. Ct. App. 2016
- State of Minnesota v. Travis Joseph Petermeier Minn. Ct. App. 2016
- State of Minnesota v. Ronnie Jo Johnson Minn. Ct. App. 2016