Cited by
Opinions in Minnesota that cite State v. Rund, 896 N.W.2d 527.
- State of Minnesota v. Irfan Beganovic Minn. Ct. App. 2022
- State of Minnesota v. Derek Steven Serbus Minn. Ct. App. 2022
- State of Minnesota v. Terrance Lee Tonnessen Minn. Ct. App. 2022
- State of Minnesota v. Blake Scott Veen Minn. Ct. App. 2022
- State of Minnesota v. Tywan George Christopher Minn. Ct. App. 2021
- Peter Devonn Crosby v. State of Minnesota Minn. Ct. App. 2021
- State of Minnesota v. Devon Deshawn Gordon Minn. Ct. App. 2021
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State of Minnesota v. Timothy John Wright
Minn. Ct. App. 2021
“When the district court gives improper or inadequate reasons for a downward departure, we may independently examine the record to determine whether alternative grounds support the departure.” State v. Rund , – 33 (Minn. 2017).
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State of Minnesota v. Brian John Leonida
Minn. Ct. App. 2021
(rejecting proposed rule and reversing a downward durational departure in a t erroristic-threats case).
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State of Minnesota v. Jacob Elmo Larson
Minn. Ct. App. 2021
less serious than that typically involved in the commission of the crime in question.” 10 (Minn. 2017) (quotations omitted).
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State of Minnesota v. Terrell Elijah Owens
Minn. Ct. App. 2021
“Substantial and compelling circumst ances for a durational departure are those 3 which demonstrate that the defendant’s conduct was significantly more or less serious than that typically involved in the commi ssion of the crime in question.” State v. Rund , (quotations omitted).
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State of Minnesota v. Dustin Eugene Bilges
Minn. Ct. App. 2021
(noting that defendant’s “lack of substantial capacity for judgment” was an offender -related reason to depart).
- State of Minnesota v. Joseph Earl Robinson Minn. Ct. App. 2021
- State of Minnesota v. Damon Moore Minn. Ct. App. 2021
- State of Minnesota v. Reginald Fenion Coe Minn. Ct. App. 2021
- State of Minnesota v. Damien Damonte Carey Minn. Ct. App. 2021
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James Eugene Love v. State of Minnesota
Minn. Ct. App. 2021
less serious[ly] than [someone] typically involved in the commission of the crime.” d 527, 532 (Minn. 2017) (quotation omitted).
- State of Minnesota v. Alex Bernard Cuffy Minn. Ct. App. 2021
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Nicholas Adam Willard v. State of Minnesota
Minn. Ct. App. 2020
at 623-24; see also State v. Rund , (“Offender-related reasons .
- State of Minnesota v. Travis James Fritz Minn. Ct. App. 2020
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State of Minnesota v. Deandre Marquey Birgans
Minn. Ct. App. 2020
In the durational departure context, “substantial and compelling circumstances” show “that the defendant’s conduct was significantly more o r less serious than that typically involved in the commission of the crime in question.” (quotation omitted).
- State of Minnesota v. Jeffrey George Ackerson, Jr. Minn. Ct. App. 2020
- State of Minnesota v. Josi Ann Adelman Minn. Ct. App. 2020
- State of Minnesota v. Chad Allen Pryatel Minn. Ct. App. 2020
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State of Minnesota v. Joseph Frank Rezac
Minn. Ct. App. 2020
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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Minn. 2020
We “review decisions to depart from the sentencing guidelines only for ‘an abuse of discretion.’ ” ().
- State of Minnesota v. Justin Matthew Girling Minn. Ct. App. 2020
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State of Minnesota (A18-1999) (A18-1957,) v. Torrance Lee Royster (A18-1957) (A18-1999)
Minn. Ct. App. 2019
i. Downward Durational Departure Downward durational departures are jus tified when the offender’s conduct is “significantly less serious than that typically involved in the commission of the offense.” State v. Mattson , see also State v. Rund , (indicati ng that a downward durational departure is justified when offender’s conduct is less serious than typical).
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State of Minnesota v. Myron Lynn Williams
Minn. Ct. App. 2019
a dispositional departure.” Unlike a dispositional departure, “[d]urational departures may be justified by offense-related reasons only.” State v. Rund
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State of Minnesota v. Ali Joshua Jalil Robida
Minn. Ct. App. 2019
Unlike a dispositional departure, “[d]urational departures ma y be justified by offense-related reasons only.” State v. Rund , .
- State of Minnesota v. Shawn James McEachern Minn. Ct. App. 2019
- State of Minnesota v. Michael Alan Bunnell Minn. Ct. App. 2019
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State of Minnesota v. Labaron Sentell Black
Minn. Ct. App. 2019
See Williams v. State , (stating that if reasons given jus tify the departure, the departure will be affirmed); cf. State v. Rund , -36 (Minn. 2017) (independently examining the record to determine if alternative grounds exist to support the departure).
- State of Minnesota v. Steven Wayne Culver Minn. Ct. App. 2019
- State of Minnesota v. Michael Jon Schluessler Minn. Ct. App. 2019
- State of Minnesota v. Timothy Merrill Newlun Minn. Ct. App. 2019
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State of Minnesota v. Chad Michael Gibson
Minn. Ct. App. 2019
5 D E C I S I O N We afford the district court “great discretion in the imposition of sentences” and we review “decisions to depart from the sentencing guidelines only for an abuse of discretion.” (quotations omitted).
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State of Minnesota v. Arcelus Antonio Williams
Minn. Ct. App. 2019
(holding that defendant’s threats to kill police officers were not less serious because they were made with a reckless disregard of the risk of terrorizing, as opposed to a purposeful intent to cause terror; the terroristic - threats statute prohibited both purposeful and reckless conduct); State
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State of Minnesota v. Tevon Keenan Scott
Minn. Ct. App. 2019
A district court abuses its discr etion in granting a downward d eparture “when the reasons given are improper or inadequate and the record contain s insufficient evidence to justify the departure.” State v. Rund , (Minn .
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State of Minnesota v. Darsche Chaudaun Wharry
Minn. Ct. App. 2019
See State v. Rund , n.10 (Minn. 2 017) (explaining that, in the typical offense of recklessly threatening a crime of violence, the offender is unl ikely to intend to carry out the threat).
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State of Minnesota v. Eli Jermel Anderson
Minn. Ct. App. 2019
D E C I S I O N A district court is afforded “great discretion in the imposition of sentences.” (quotation omitted).
- State of Minnesota v. James Ernest Piere Minn. Ct. App. 2018
- State of Minnesota v. John Thomas Owen Minn. Ct. App. 2018
- State of Minnesota v. Anthony Charles Resemius Minn. Ct. App. 2018
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State of Minnesota v. Benson Wahagi Mwangi
Minn. Ct. App. 2018
See, -33 (Minn. 2017) (considering two alternative grounds for a downward departure that were not adopted by the district court).
- State of Minnesota v. Tatum Jacob Hermann Minn. Ct. App. 2018
- State of Minnesota v. Stephen Jeroy Mister Minn. Ct. App. 2018
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State of Minnesota v. Severo Perez-Nava
Minn. Ct. App. 2018
We afford the district court “great discretion in the imposition of sentences” and we review “decisions to depart from the sentencing guidelines only for an abuse of discretion.” State v. Rund , (quotations omitted).
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State of Minnesota v. Kevin Alexander Johnson
Minn. Ct. App. 2018
“A district court abuses its discretion when its reasons for departure are improper or inadequate.”
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State of Minnesota v. Kevin Philip Dreyer
Minn. Ct. App. 2018
Additionally, the Minnesota Supreme Court squarely addressed the impact that an intoxicated individual’s mental state has on the mens rea requirement of terroristic threats in State v. Rund , -34 (Minn. 2017).