Cited by
Opinions in Minnesota that cite State v. Modtland, 695 N.W.2d 602.
- State of Minnesota v. Darryl Beasley Minn. Ct. App. 2016
- State of Minnesota v. Darryl Beasley Minn. Ct. App. 2016
- State of Minnesota v. Keenen Rashad Agee Minn. Ct. App. 2016
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State of Minnesota v. Keenen Rashad Agee
Minn. Ct. App. 2016
-08 (Minn. 2005) (rejecting this court’s application of a “sufficient evidence exception” to the Austin findings requirement).
- State of Minnesota v. Mohamed Alpha Bah Minn. Ct. App. 2016
- State of Minnesota v. Erika Anne Seibold Minn. Ct. App. 2016
- State of Minnesota v. Erika Anne Seibold Minn. Ct. App. 2016
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State of Minnesota v. Mohamed Alpha Bah
Minn. Ct. App. 2016
“When determining if revocation is appropriate, courts must balance the probationer’s interest in freedom and the state’s interest in insuring his rehabilitation and the public safety, and base their decisions on sound judgment and not just their will.” d 602, 606-07 (Minn. 2005) (quotations omitted).
- State of Minnesota v. Cedric Demon Pate Minn. Ct. App. 2015
- State of Minnesota v. Cedric Demon Pate Minn. Ct. App. 2015
- State of Minnesota v. R.A.G. Minn. Ct. App. 2015
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State of Minnesota v. R.A.G.
Minn. Ct. App. 2015
In creating a record of the three Austin findings, “courts must seek to convey their substantive reasons for revocation and the evidence relied upon.”
- State of Minnesota v. Ryan Allen Bartyzal Minn. Ct. App. 2015
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State of Minnesota v. Ryan Allen Bartyzal
Minn. Ct. App. 2015
4 just their will.’” –07 (Minn. 2005) (quoting Austin, d at 250–51).
- State of Minnesota v. Christopher Alan Young Minn. Ct. App. 2015
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State of Minnesota v. Christopher Alan Young
Minn. Ct. App. 2015
In creating a record of the three Austin findings, “courts must seek to convey their substantive reasons for revocation and the evidence relied upon.”
- State of Minnesota v. Tremayne Anthony Miller Minn. Ct. App. 2015
- State of Minnesota v. Tremayne Anthony Miller Minn. Ct. App. 2015
- State of Minnesota v. Forest Grant Noggle Minn. Ct. App. 2015
- State of Minnesota v. Forest Grant Noggle Minn. Ct. App. 2015
- State of Minnesota v. Joshua Michael Allen Minn. Ct. App. 2015
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State of Minnesota v. Joshua Michael Allen
Minn. Ct. App. 2015
In determining whether the need for confinement outweighs the policies favoring probation, the district court “must bear in mind that policy considerations may require that probation not be revoked even though the facts may allow it and that the purpose of probation is rehabilitation and revocation should be used only as a last resort when treatment has failed.” (quotations omitted).
- State of Minnesota v. August Latimothy Fleming 869 N.W.2d 319 Minn. Ct. App. 2015
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State of Minnesota v. August Latimothy Fleming
869 N.W.2d 319
Minn. Ct. App. 2015
(quoting Austin, d at 251).
- State of Minnesota v. Richard John McNeil Minn. Ct. App. 2015
- State of Minnesota v. Kelly Eugene Jenkins Minn. Ct. App. 2015
- State of Minnesota v. Edwin Lee Johnson Minn. Ct. App. 2015
- State of Minnesota v. Forrest Grant Noggle Minn. Ct. App. 2015
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State of Minnesota v. Edwin Lee Johnson
Minn. Ct. App. 2015
-08 (rejecting this court’s application of a “sufficient- evidence exception” to the Austin findings requirement).
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State of Minnesota v. Richard John McNeil
Minn. Ct. App. 2015
(quoting Austin, d at 251).
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State of Minnesota v. Forrest Grant Noggle
Minn. Ct. App. 2015
d 602, 605 (Minn. 2005).
- State of Minnesota v. Kelly Eugene Jenkins Minn. Ct. App. 2015
- State of Minnesota v. James Brandon Ponthieux Minn. Ct. App. 2015
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State of Minnesota v. James Brandon Ponthieux
Minn. Ct. App. 2015
“remand is required under Modtland because of the absence of explicit findings on why the court’s goals could not be served by [his] proposed disposition.” In Modtland, “that district courts must make the following three findings on the record before probation is revoked.”
- State of Minnesota v. Phillip Andrew Jones Minn. Ct. App. 2015
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State of Minnesota v. Phillip Andrew Jones
Minn. Ct. App. 2015
606-08 (rejecting this court’s application of a “sufficient-evidence exception” to the requirement for Austin findings).
- State of Minnesota v. Ismael Thiam Dore Minn. Ct. App. 2015
- State of Minnesota v. Ismael Thiam Dore Minn. Ct. App. 2015
- State of Minnesota v. J.A.H. Minn. Ct. App. 2015
- State of Minnesota v. J.A.H. Minn. Ct. App. 2015
- Cheng Pao Vue v. State of Minnesota Minn. Ct. App. 2015
- Cheng Pao Vue v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Colin Michael Haven Minn. Ct. App. 2015
- State of Minnesota v. Colin Michael Haven Minn. Ct. App. 2015
- State of Minnesota v. Clarence Bruce Beaulieu 859 N.W.2d 275 Minn. 2015
- State of Minnesota v. Lamar King Minn. Ct. App. 2015
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State of Minnesota v. Lamar King
Minn. Ct. App. 2015
In making the three Austin findings, the district court “must seek to convey [its] substantive reasons for revocation and the evidence relied upon.” d 602, 608 (Minn. 2005).
- State of Minnesota v. Darren Lee Whitelow Minn. Ct. App. 2015
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State of Minnesota v. Darren Lee Whitelow
Minn. Ct. App. 2015
can most effectively be provided if [the offender] is confined,” or “it would unduly depreciate the seriousness of the violation if probation were not revoked.” (quotation omitted).
- Daniel Justin Olson v. State of Minnesota Minn. Ct. App. 2015