Cited by
Opinions in Minnesota that cite State v. Rund, 896 N.W.2d 527.
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State of Minnesota v. Julie Louise Myhre-Schnell
Minn. Ct. App. 2026
A district court abuses its discretion if its reasons for a sentencing departure are “improper or inadequate.”
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State of Minnesota (A24-1341) (A24-1489) v. Gary Duane Egolf Jensen (A24-1341) (A24-1489)
Minn. Ct. App. 2026
State v. Rund , – 33 (Minn. 2017).
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State of Minnesota v. Misti Dawn Nelson
Minn. Ct. App. 2026
“Substantial and compelling circumstances for a durational departure are those which demonstrate that the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.” d 527, 532 (Minn. 2017) (quotations omitted).
- State of Minnesota v. Jeffery Lee Niemi Minn. Ct. App. 2026
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State of Minnesota v. Aaron Michael Edberg
Minn. Ct. App. 2026
“A durational departure must be based on factors that reflect the seriousness of the offense, not the characteristics of the offender.” Id.; (“Durational departures may be justified by offense-related reasons only.”).
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State of Minnesota v. Kevin Neil Wentz
Minn. Ct. App. 2026
Appellate courts may then consider whether the defendant’s “conduct fits squarely within the statute’s prohibition .”
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State of Minnesota v. Timothy Michael Leistiko
Minn. Ct. App. 2026
“Durational departures may be justified by offense-related reasons only.”
- State of Minnesota v. Paul Lewis Mason Minn. Ct. App. 2026
- State of Minnesota v. Paul Lewis Mason Minn. Ct. App. 2026
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State of Minnesota v. Zerick Allen Michael McClinn
Minn. Ct. App. 2026
–33 (Minn. 2017); Minn. Sent’g Guidelines 2.D.3.a.(1).
- State of Minnesota v. Dayonne Marquis Lachapelle Minn. Ct. App. 2026
- State of Minnesota v. Dayonne Marquis Lachapelle Minn. Ct. App. 2026
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In the Matter of: Chelsea Boyd Kroes v. Paul Joseph Kroes
Minn. Ct. App. 2025
(stating that threat to “kill police officers in tweets” fits within terroristic- threats statute prohibition of terrorizing or exhibiting a reckless disregard of the risk of terrorizing).
- State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
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State of Minnesota v. Isaac Gutierrez
Minn. Ct. App. 2025
“A district court abuses its discretion when its reasons for departure are improper or inadequate.”
- State of Minnesota v. Joseph Gene Hoberg Minn. Ct. App. 2025
- State of Minnesota v. Brenden Jamel Reynolds Minn. Ct. App. 2025
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State of Minnesota v. Travis Clay Andersen
Minn. Ct. App. 2025
1; (“[T]he terroristic-threats statute includes more than one mens rea: either the purpose of terrorizing or a reckless disregard of the risk of terrorizing.”).
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State of Minnesota v. Dwayne Edward Roach
Minn. Ct. App. 2024
8 which the court expressly stated, albeit in a footnote, that “mental impairment is an offender-related characteristic that cannot justify a downward durational departure.” n.11 (Minn. 2017).
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State of Minnesota v. Gary Joseph Littlewolf
Minn. Ct. App. 2024
Minn. Sent’g Guidelines 2.D.1 (2022)
- State of Minnesota v. TreVonne Cortez Green Minn. Ct. App. 2024
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State of Minnesota v. TreVonne Cortez Green
Minn. Ct. App. 2024
A durational departure, by contrast, considers whether the defendant’s conduct was “significantly more or less serious than that typically involved in the commission of the crime in question.” (quotations omitted).
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State of Minnesota v. Kenny Lenard Peaches
Minn. Ct. App. 2024
Minn. Sent’g Guidelines 1.A, 2.D.1 (Supp. 2021)
- State of Minnesota v. Manuel Richard Buck Minn. Ct. App. 2024
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State of Minnesota v. Anthony Kayne Johnston
Minn. Ct. App. 2024
Thus, “[d]urational departures may be justified by offense-related reasons only.” see also Minn. Sent’g Guidelines 2.D.3 (2022) (providing a “nonexclusive list of factors” that a district court may use to depart).
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State of Minnesota v. Andre Benjamin Stigger
Minn. Ct. App. 2024
-35 (Minn. 2017); , 625-26 (Minn. 2016).
- State of Minnesota v. Matthew Lee Ford Minn. Ct. App. 2024
- State of Minnesota v. Samantha Dana Schroeder Minn. Ct. App. 2024
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State of Minnesota v. Samantha Dana Schroeder
Minn. Ct. App. 2024
“A district court abuses its discretion when its reasons for departure are improper or inadequate.”
- State of Minnesota v. Donnie Ray Bryant Minn. Ct. App. 2024
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State of Minnesota v. Donnie Ray Bryant
Minn. Ct. App. 2024
-36 (Minn. 2017) (holding that district court erred by ordering downward durational departure based on offender-related factors); -27 (Minn. 2016) (holding that district court erred by ordering downward durational departure based on remorse)
- State of Minnesota v. Elvis Joko Porte Minn. Ct. App. 2024
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State of Minnesota v. Elvis Joko Porte
Minn. Ct. App. 2024
“Substantial and compelling circumstances for a durational departure are those which demonstrate that the defendant’s conduct was significantly more or less serious than that 3 typically involved in the commission of the crime in question.” d 527, 532 (Minn. 2017) (quotations omitted).
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State of Minnesota v. Daniel Michael Knoll
Minn. Ct. App. 2023
“When the district court gives improper or inadequate reasons for a downward departure, [appellate courts] may independently examine the record to determine whether alternative grounds support the departure.” -33 (Minn. 2017).
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State of Minnesota v. Marcus Allen Owens, Jr.
Minn. Ct. App. 2023
Minn. Sent’g Guidelines 2.D.1 (2020)
- State of Minnesota v. George Jerry Matlock Minn. Ct. App. 2023
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State of Minnesota v. Cha NMN Yang
Minn. Ct. App. 2023
Minn. Sent’g Guidelines II.D (2008)
- State of Minnesota v. Gordy Lee Burkhart Minn. Ct. App. 2023
- Dean Robert Hoversten v. State of Minnesota Minn. Ct. App. 2023
- State of Minnesota v. Benjamin Jacob Hunt Minn. Ct. App. 2023
- State of Minnesota v. Kenneth Scott Adams, Jr. Minn. Ct. App. 2023
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State of Minnesota v. Curtis Lablanche Vanengen
Minn. Ct. App. 2022
Minn. Sent’g Guidelines 2.D.1 (2020)
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State of Minnesota v. Jason Michael Slattum
Minn. Ct. App. 2022
“Substantial and compelling circumstances for a durational departure are those which demonstrate that the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.” (quotation omitted).
- State of Minnesota v. Cree James Diver Minn. Ct. App. 2022
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State of Minnesota v. Tanisha Amiea Dunn
Minn. Ct. App. 2022
“Substantial and compelling circumstances for a durational departure are those which demonstrate that the defendant’s conduct was significantly more or less serious than 4 that typically involved in the commission of the crime in question.” (quotation omitted).
- State of Minnesota v. Scott Wayne Srnsky Minn. Ct. App. 2022
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State of Minnesota v. Donald Raymond Guse
Minn. Ct. App. 2022
(recognizing the district court’s “great discretion in the imposition of sentences” (quotation omitted)).
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State of Minnesota v. Franky Esquivel Torres
Minn. Ct. App. 2022
A district court abuses its sentencing discretion if it relies on an improper ground or “the record contains insufficient evidence to justify the departure.”
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State of Minnesota v. Thomas Jacob Nohner
Minn. Ct. App. 2022
“Substantial and compelling circumstances for a durational departure are ‘those which demonstrate that the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.’” ().
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State of Minnesota v. Derrick Lemar Forest
Minn. Ct. App. 2022
State v. Rund , (quota tion omitted).