Cited by
Opinions in Minnesota that cite State of Minnesota v. Mo Savoy Hicks, 864 N.W.2d 153.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Substantial and compelling circumstances are those demonstrating that the defendant’s conduct in the offense of conviction was signifi cantly more or less serious than that typically involved in the commission of the crime in question.” d 153, 157 (Minn. 2015) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Substantial and compelling circumstances are those demonstrating that the defendant’s conduct in the offense of conviction was significantly more or less serious than that typically involved in the commission of the crime in question.” State v. Hicks , (quotations 7 omitted).
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State of Minnesota, Appellant,
Minn. Ct. App. 2019
If the district 4 court’s reasons for a departure “are legally permissible and fa ctually supported in the record, the departure will be affirmed.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Substantial and compelling circumstances are those demonstrati ng that the defendant’s conduct in the offense of conviction was significantly more or less serious than that typically involved in the commission of the crime in question.” d 153, 157 (Minn. 2015) (quotati on omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Substantial and compelling circumstances a re those demonstrating that the defendant’s conduct in the offense of conviction was signifi cantly more or less serious than that typically involved in the commission of the crime in question.” (quotations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“Substantial and compelling circumstances are those demonstrating that the defendant’s conduct in the offense of conviction was significantly more or less serious than that typically involved in the commission of the crime in question.” State v. Hicks , (quotation s omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
10 “Substantial and compelling circumstances are those demonstrating that the defendant ’s conduct in the offense of conviction was significantly more or less serio us than that typically involved in the commission of the crime in question.” d 153, 157 (Minn. 2015) (quotation omitted).
- State v. Barthman 917 N.W.2d 119 Minn. Ct. App. 2018
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State v. Barthman
917 N.W.2d 119
Minn. Ct. App. 2018
State v. Hicks , , 156 (Minn. 2015) (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
But if the district court’s reasons for departure are improper or inadequate, the departure will be reversed.” d 153, 156 (Minn. 2015) (quotations and citations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
(concluding that a single mitigating factor may support downward sentencing departure); (holding that a single aggrava ting factor may support upward sentencing departure).
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
4 “The Minnesota Sentencing Guidelines promote uniformity, proportionality, and predictability in sentencing.” see also Minn. Sent.
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“If the reasons given for an upward departure are legally permissible and factually supported in the record, the departure will be affirmed.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“If the reasons given for an upward departure are legally permissible and factually supported in the record, the departure will be affirmed.”
- State v. Ivy 902 N.W.2d 652 Minn. Ct. App. 2017
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State v. Ivy
902 N.W.2d 652
Minn. Ct. App. 2017
But when departing from the sentencing guidelines, a district court “must articulate substantial and compelling circumstances justifying the departure.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
” State v. Hicks , (quoting Minn. Sent.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
This court reviews “a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.” State v. Hicks
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“We review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”
- State of Minnesota, Appellant, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“We review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”
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In re the Marriage of: Janelle Rozalind Spah, petitioner, Appellant,
Minn. Ct. App. 2017
“Whether a judge viol ated the code of judicial conduct is a question of law, which we review de novo.” aff’d on other grounds
- 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
“Generally, the district court may impose an upward durational sentencing departure if the evidence shows that the defendant committed the offense in a particularly serious way.”
- 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
Aggravated Sentence This court reviews “a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”
- State of Minnesota v. Lawrence Lee Hicks Minn. Ct. App. 2016
- State of Minnesota v. Lawrence Lee Hicks Minn. Ct. App. 2016
- State of Minnesota v. Adam Wallace Jaunich Minn. Ct. App. 2016
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State of Minnesota v. Adam Wallace Jaunich
Minn. Ct. App. 2016
“The Minnesota Sentencing Guidelines promote uniformity, proportionality, and predictability in sentencing.”
- 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
DECISION “We review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”
- State of Minnesota v. Jacob Miles Solberg 882 N.W.2d 618 Minn. 2016
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State of Minnesota v. Jacob Miles Solberg
882 N.W.2d 618
Minn. 2016
See, (holding that concealment of a homicide victim’s body, by itself, may support an upward durational departure); (holding that the repeat-offender aggravating factor, by itself, may support up to a double upward durational departure).
- State of Minnesota v. Elijah Emmanual Maddox Minn. Ct. App. 2016
- State of Minnesota v. Elijah Emmanual Maddox Minn. Ct. App. 2016
- State of Minnesota v. Darren Clinton Minn. Ct. App. 2016
- State of Minnesota v. Darren Clinton Minn. Ct. App. 2016
- State of Minnesota v. Deontray Vershon Tate Minn. Ct. App. 2016
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State of Minnesota v. Deontray Vershon Tate
Minn. Ct. App. 2016
“Substantial and compelling circumstances are those demonstrating that the defendant’s conduct in the offense of conviction was significantly more or less serious than that typically involved in the commission of the crime in question.” d 153, 157 (Minn. 2015) (quotations omitted).
- STATE of Minnesota, Respondent, Appellant, v. Byron David SMITH, Appellant, Respondent 876 N.W.2d 310 Minn. 2016
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STATE of Minnesota, Respondent, Appellant, v. Byron David SMITH, Appellant, Respondent
876 N.W.2d 310
Minn. 2016
U.S. v. Norris, 780 F.2d 1207, 1209-11 (5th Cir.1986); aff'd on other grounds