Cited by
Opinions in Minnesota that cite State v. Chaklos, 528 N.W.2d 225.
- State of Minnesota v. David Arthur Barnes 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. Daron A-Saad Johnson Minn. Ct. App. 2015
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State of Minnesota v. Daron A-Saad Johnson
Minn. Ct. App. 2015
(stating that, generally, the offender-related factor of particular unamenability to treatment in a probationary setting may be used to justify a dispositional departure, but not an upward durational departure, while offense-related aggravating factors may be used to support both a dispositional
- State of Minnesota v. Misty Dawn Dyrdahl Minn. Ct. App. 2015
- State of Minnesota v. Misty Dawn Dyrdahl Minn. Ct. App. 2015
- State of Minnesota v. Parnard Smith, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Shannon Marie Kiesner Minn. Ct. App. 2015
- State of Minnesota v. Shannon Marie Kiesner Minn. Ct. App. 2015
- State of Minnesota v. Parnard Smith, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Baruch Kefa Nieznanski Minn. Ct. App. 2015
- State of Minnesota v. Bradley James Schnickel Minn. Ct. App. 2015
- State of Minnesota v. Baruch Kefa Nieznanski Minn. Ct. App. 2015
- State of Minnesota v. Bradley James Schnickel Minn. Ct. App. 2015
- State of Minnesota v. Curtis Wayne Regguinti Minn. Ct. App. 2015
- State of Minnesota v. Jason David Fredrickson Minn. Ct. App. 2015
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State of Minnesota v. Jason David Fredrickson
Minn. Ct. App. 2015
-27 (Minn. 1995) (upholding consecutive sentencing when defendant hit victim’s car while intoxicated, killing one woman and severely injuring another).
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State of Minnesota v. Curtis Wayne Regguinti
Minn. Ct. App. 2015
(), review denied 10 (Minn. Mar.
- State of Minnesota v. President Pimping Austin Minn. Ct. App. 2014
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State of Minnesota v. President Pimping Austin
Minn. Ct. App. 2014
But “there may be cases in which the defendant’s lack of remorse could relate back and be considered as evidence bearing on a determination of the cruelty or seriousness of the conduct on which the conviction was based.” n.1 (Minn. 1984); see, (“[T]he sentencing court may take into consideration the offense-related conduct of trying to pin the blame for the offense on someone else.”).
- State of Minnesota v. Kanishka Shereal Molina Minn. Ct. App. 2014
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State of Minnesota v. Kanishka Shereal Molina
Minn. Ct. App. 2014
(stating that “the offender-related factor of particular unamenability to [probation] may be used to justify a dispositional departure” but that “offense-related aggravating factors may be used to support” both dispositional and durational departures); (Minn.
- State v. Peter 825 N.W.2d 126 Minn. Ct. App. 2012
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State v. Peter
825 N.W.2d 126
Minn. Ct. App. 2012
(“As a general rule, the offender-related factor of particular unamenability to treatment in a probationary setting ...
- Dillon v. State 781 N.W.2d 588 Minn. Ct. App. 2010
- Dillon v. State 781 N.W.2d 588 Minn. Ct. App. 2010
- Black v. State 725 N.W.2d 772 Minn. Ct. App. 2007
- Black v. State 725 N.W.2d 772 Minn. Ct. App. 2007
- State v. Allen 706 N.W.2d 40 Minn. 2005
- State v. Allen 706 N.W.2d 40 Minn. 2005
- State v. Saue 688 N.W.2d 337 Minn. Ct. App. 2004
- State v. Saue 688 N.W.2d 337 Minn. Ct. App. 2004
- State v. Hanf 687 N.W.2d 659 Minn. Ct. App. 2004
- State v. Hanf 687 N.W.2d 659 Minn. Ct. App. 2004
- State v. Watkins 650 N.W.2d 738 Minn. Ct. App. 2002
- State v. Watkins 650 N.W.2d 738 Minn. Ct. App. 2002
- State v. Gebeck 635 N.W.2d 385 Minn. Ct. App. 2001
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State v. Gebeck
635 N.W.2d 385
Minn. Ct. App. 2001
the court-identified several factors that would “objectively justify” a departure in a criminal-vehicular-homicide case: a very high alcohol concentration, driving without insurance, and trying to pin blame for the offense on someone else.
- State v. Folkers 581 N.W.2d 321 Minn. 1998
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State v. Folkers
581 N.W.2d 321
Minn. 1998
(concealment of the victim’s body shows particular cruelty and is an appropriate aggravating circumstance justifying departure); , 806 n. 1 (Minn.1984) (generally, lack of remorse not a factor, but in some cases may be considered as evidence of cruelty or seriousness of the conduct); (trying to blame someone else for the offense charged is appropriate consideration for upward departure).
- State v. Behl 573 N.W.2d 711 Minn. Ct. App. 1998
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State v. Behl
573 N.W.2d 711
Minn. Ct. App. 1998
Likewise, the supreme court stated: As a general rule, the offender-related factor of particular unamenability to treatment in a probationary setting may be used to justify a dispositional departure in the form of execution of a presumptive-stayed sentence but may not be used to support an upward durational departu
- State v. Folkers 562 N.W.2d 5 Minn. Ct. App. 1997
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State v. Folkers
562 N.W.2d 5
Minn. Ct. App. 1997
See, (affirming upward departure where defendant tried to “pin the blame” for offense on other person); (recognizing defendant’s transportation of victim’s body in car trunk related to particular cruelty of offense), review denied (Minn. Sept.
- State v. VanZee 547 N.W.2d 387 Minn. Ct. App. 1996
- State v. VanZee 547 N.W.2d 387 Minn. Ct. App. 1996