Cited by

Opinions in Minnesota that cite State v. Weaver, 796 N.W.2d 561.

27 citing documents.

  • State of Minnesota, Respondent, Minn. Ct. App. 2026
    See State v. Weaver , (concluding remand is unnecessary when district court relied on one invalid factor and did not make an express statement regarding the relative weight of each factor because the sentence was consistent with precedent, valid reasons independently supported the departure, and the district cour
  • State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
  • Christopher Lee Konakowitz v. State of Minnesota Minn. Ct. App. 2025
  • State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
    In determining whether a defendant’s conduct was significantly more or less serious than the typical offense, “it is proper for the sentencing court to consider the course of conduct underlying the charge for which the defendant is being sentenced.” rev. denied (Minn. July 19, 2011).
  • Christopher Lee Konakowitz v. State of Minnesota Minn. Ct. App. 2025
    “The presence of a single aggravating factor is sufficient to uphold an upward departure.” (quotation omitted), rev. denied (Minn. July 19, 2011).
  • State of Minnesota v. Lisa Dawn Oliver Minn. Ct. App. 2024
  • State of Minnesota v. Lisa Dawn Oliver Minn. Ct. App. 2024
    (“When interpreting the statutes, it is [appellate courts’] role to rely on what the Legislature intended over what may appear to be supported by public policy.”); (“Determination of what conduct constitutes a criminal offense and the punishment that ought to be imposed .
  • State of Minnesota v. Samantha Dana Schroeder Minn. Ct. App. 2024
  • State of Minnesota v. Samantha Dana Schroeder Minn. Ct. App. 2024
    In determining whether a defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question, “it is proper for the sentencing court to consider the course of conduct underlying the charge for which the defendant is being sentenced.” rev. denied (Minn. July 19, 2011).
  • State of Minnesota v. Dylan Thomas Peterson Minn. Ct. App. 2024
  • State of Minnesota v. Dylan Thomas Peterson Minn. Ct. App. 2024
    “[A] single aggravating factor is sufficient to uphold an upward departure.” (quotation omitted), rev. denied (Minn. July 19, 2011).
  • Michael Walton Hinton v. State of Minnesota Minn. Ct. App. 2024
  • Michael Walton Hinton v. State of Minnesota Minn. Ct. App. 2024
    “The presence of a single aggravating factor is sufficient to uphold an upward departure.” rev. denied (Minn. July 19, 2011).
  • Steven Todd Parker, petitioner, Appellant, Minn. Ct. App. 2024
    “We conduct a de novo assessment of the district court’s decision as to whether a valid departure ground exists, relying on the factual findings that support the decisions.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2022
    rev. denied (Minn. July 19, 2011) .
  • State of Minnesota, Appellant, Minn. Ct. App. 2021
    When imposing a durational departure, a district court consider s “the course of conduct underlying the charge for which th e defendant is being sentenced.” (quotation omitted), review denied (Minn. July 19, 2011).
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    We determine whether the district court’s 22 reasons for departure “are legally permissible and factually supported by the record.” review denied (Minn. July 19, 2011).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    -73 (Minn. App. 2011), review denied (Minn. Jul.
  • A17-1995 Minn. Ct. App. 2018
    See State v.Weaver, (stating that general disagreement with the sentencing guidelines or the policy on wh ich they are based does not justify a departure).
  • State of Minnesota, Appellant, Minn. Ct. App. 2018
    “If a district court’s reasons for departure are stated on the record , an appellate court must determine whether the stated reasons justify the departure.” State v. Weaver
  • State of Minnesota, Respondent, Minn. Ct. App. 2017
    (“Unless there are substantial and compelling circumstances to warrant an upward departure, the district court must order the presumptive sentence provided by the guidelines.” (quotation omitted), review denied (Minn. Jul.
  • State of Minnesota v. Christopher Dennis Peterson Minn. Ct. App. 2015
  • State of Minnesota v. Christopher Dennis Peterson Minn. Ct. App. 2015
    “[W]hen the district court’s stated departure reasons are improper or inadequate, an appellate court may independently examine the record to determine if there is sufficient evidence to justify departure, so long as the court does not engage in impermissible fact-finding.” -73 (Minn. App. 2011), review denied (Minn. Jul.
  • State of Minnesota v. President Pimping Austin Minn. Ct. App. 2014
  • State of Minnesota v. President Pimping Austin Minn. Ct. App. 2014
    We review de novo “whether a valid departure ground exists, relying on the factual findings that support the decision,” and “whether the valid departure reasons are severe,” review denied (Minn. July 20, 2010).
  • State v. Robideau 817 N.W.2d 180 Minn. Ct. App. 2012
  • State v. Robideau 817 N.W.2d 180 Minn. Ct. App. 2012
    review denied (Minn. July 19, 2011).