Cited by
Opinions in Minnesota that cite Tucker v. State, 799 N.W.2d 583.
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Chris Marquis McMorris, petitioner, Appellant,
Minn. Ct. App. 2025
“Particular cruelty involves the gratuitous infliction of pain and cruelty of a kind not usually associated with the commission of the offense in question.” (quotation omitted).
- State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
- State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
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Ryan Grant, petitioner, Appellant,
Minn. Ct. App. 2025
d 339, 356 (Minn. 2008) (stating that fleeing crime scene evidences “consciousness of guilt”); (stating that failure to aid may be relevant in determining whether person convicted of a crime acted with particular cruelty).
- State of Minnesota v. Samantha Dana Schroeder Minn. Ct. App. 2024
- State of Minnesota v. Samantha Dana Schroeder Minn. Ct. App. 2024
- Michael Walton Hinton v. State of Minnesota Minn. Ct. App. 2024
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Michael Walton Hinton v. State of Minnesota
Minn. Ct. App. 2024
bused its discretion because the district court improperly sentenced Hinton to an upward durational departure based on “dismissed and uncharged conduct disputed by [Hinton].” “An upward departure will be reversed if the sentencing court’s articulated reasons for the departure are improper or inadequate and the evidence in the record is insufficient to justify the departure.” (quotations omitted).
- State of Minnesota v. Curtis Lablanche Vanengen Minn. 2024
- State of Minnesota v. Curtis Lablanche Vanengen Minn. 2024
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State of Minnesota, Appellant,
Minn. Ct. App. 2023
6 presumptive guidelines sentencing range only if there exist identifiable, substantial, and compelling circumstances to support a sentence outside the range on the grids.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
is of a kind not usually associated with the commission of the offense in question.” (quotation omitted); (stating that an offense is particularly serious when it involves “gratuitous cruelty which was unjustified within the context of the crime”).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
An appellate court may identify a typical case by rel ying on its “collective experience” in reviewing numerous criminal appeals, see, or by making comparisons to similar cases, see
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[A] district court may depart from the presumptive guidelines sentencing range only if there exist identifiable, substantial, and compelling circumstances to support a sentence outside the range on the grids.” (quotation omitted) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
- 88 (Minn. 2011) (stating that failure to provide medical aid on its own is not a sufficient basis for departure).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“[P]articular cruelty involves the gratuitous infliction of pain and cruelty of a kind not usually associated with the commission of the offense in question.” (quotations omitted) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
-86 (Minn. 2011); -08 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
In this context, the term “particular cruelty” me ans “the gratuitous infliction of pain and cruelty of a kind not usually associated with the commission of the offense in question.” (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The purpose of the Minnesota Sentencing Guidelines is to “promote uniformity, proportionality, rationality, and predictability in sentencing.” d 583, 586 (Minn. 2011).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The “district court may depart from the presumptive guidelines sentencing range only if there exist identifiable, substantial, and compelling circumstances to support a sentence outside the range on the grids.” Tucker v. State , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The “district court may depart from the presumptive guidelines sentencing range only if there exist identifiable, substantial, and compelling circumstances to s upport a sentence outside the range on the grids.” Tucker v. State , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Particular cruelty involves the gratuitous infliction of pain and cruelty of a kind not usually associated with the commission of the offense in question.” Tucker v. State , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The “district court may depart from the presumptive guidelines sentencing range only if there exist identifiable, substantial, and compelling circumstances to support a sentence outside the range on the grids.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Tucker v. State , Minn. Sent.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Substantial and compelling” circumstances are those that demonstrate “that the defendant’s conduct in the offense of conviction was significantly more or less serious than that typical ly involved in the commission of the crime in question.” (emphasis omitted) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Particular cruelty involves the gratuitous infliction of pain 7 and cruelty of a kind not usually associated with the commission of the offense in question.” (quotation omitted).
- State v. Parker 901 N.W.2d 917 Minn. 2017
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State v. Parker
901 N.W.2d 917
Minn. 2017
(explaining the “fundamental requirement” that upward departures are permitted “only when a defendant’s conduct in the commission of an offense is significantly more- serious than that typically involved in the commission of the offense in question”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
” Tucker v. State , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Second, particular cruelty is an appropriate aggravating factor if the cruelty is “of a kind not usually associated with the commission of the offense in question.” (quotation omitted).
- State v. Stempfley 900 N.W.2d 412 Minn. 2017
- State v. Stempfley 900 N.W.2d 412 Minn. 2017
- A15-1255 Minn. 2017
- State of Minnesota v. Peter Clare Hoagland Minn. Ct. App. 2017
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State of Minnesota v. Peter Clare Hoagland
Minn. Ct. App. 2017
“Particular cruelty involves the gratuitous infliction of pain and cruelty of a kind not usually associated with the commission of the offense in question.” (quotations omitted).
- State of Minnesota v. Earl Lionell Ward Minn. Ct. App. 2016
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State of Minnesota v. Earl Lionell Ward
Minn. Ct. App. 2016
Guidelines II.D.3.b.(2) (2012); –87 (Minn. 2011).
- State of Minnesota v. Bryan Blocker Minn. Ct. App. 2016
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State of Minnesota v. Bryan Blocker
Minn. Ct. App. 2016
“Generally, [appellate courts] review an upward departure from the presumptive guidelines sentence for an abuse of discretion.” −86 (Minn. 2011).
- State of Minnesota v. Theodore Pierre Jerry Minn. Ct. App. 2016
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State of Minnesota v. Theodore Pierre Jerry
Minn. Ct. App. 2016
See Hicks, d at 162 n.7 (noting that the “[l]egislature has apparently limited the impact of Jackson”); n.1 (Minn. 2011) (Anderson, J., concurring) (noting that the legislature “statutorily overruled the restriction adopted in Jackson” when it promulgated section 244.10, subdivision 5a(b)).
- State of Minnesota v. August Latimothy Fleming 883 N.W.2d 790 Minn. 2016
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Followed
State of Minnesota v. August Latimothy Fleming
883 N.W.2d 790
Minn. 2016
Moreover, this definition of “aggravating factor” is consistent with our case law, see, and Minn. Sent.
- State of Minnesota, (A15-1247), (A15-1255) v. Randall Samuel Stempfley, (A15-1247), (A15-1255). A15-1247 Minn. Ct. App. 2016
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State of Minnesota, (A15-1247), (A15-1255) v. Randall Samuel Stempfley, (A15-1247), (A15-1255). A15-1247
Minn. Ct. App. 2016
The goal of the sentencing guidelines is to “promote uniformity, proportionality, rationality, and predictability in sentencing.”
- State of Minnesota v. Gideon Charles Arrington, II Minn. Ct. App. 2016