Cited by
Opinions in Minnesota that cite State v. Pero, 590 N.W.2d 319.
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- Mark Scott Hendrickson, petitioner, Appellant, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
P. 7.03 cmt.; (stating that “ comments [to the Minnesota Rules of Criminal Procedure ] are recognized as providing guidance which courts may follow”).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Joseph Bergeron, petitioner, Appellant, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- Madison Equities, Inc. v. Robert L. Crockarell 889 N.W.2d 568 Minn. 2017
- Madison Equities, Inc. v. Robert L. Crockarell 889 N.W.2d 568 Minn. 2017
- Craig Matthew Hohenwald v. State of Minnesota 875 N.W.2d 843 Minn. 2016
- Craig Matthew Hohenwald v. State of Minnesota 875 N.W.2d 843 Minn. 2016
- State of Minnesota v. Bradley Scott Junker Minn. Ct. App. 2015
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State of Minnesota v. Bradley Scott Junker
Minn. Ct. App. 2015
(determining whether the district court abused its discretion by refusing to accept a plea agreement).
- State of Minnesota v. Lamar George Houston, Jr. Minn. Ct. App. 2014
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State of Minnesota v. Lamar George Houston, Jr.
Minn. Ct. App. 2014
d 319, 326–27 (Minn. 1999) (affirming trial judge’s decision not to recuse after refusing to 15 accept guilty plea and noting that the accused retained the right to have a jury serve as fact-finder).
- Frisch v. State 840 N.W.2d 426 Minn. Ct. App. 2013
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Frisch v. State
840 N.W.2d 426
Minn. Ct. App. 2013
Although a rules advisory committee’s comment is not binding on the courts, such comments “ ‘are recognized as providing guidance which courts may follow.’ ” ().
- Duncan v. Roy 830 N.W.2d 48 Minn. Ct. App. 2013
- Duncan v. Roy 830 N.W.2d 48 Minn. Ct. App. 2013
- Ramsey County v. Guardian D.F. ex rel. of K.D.F. 828 N.W.2d 138 Minn. Ct. App. 2013
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Ramsey County v. Guardian D.F. ex rel. of K.D.F.
828 N.W.2d 138
Minn. Ct. App. 2013
A writ of man *141 damus is considered “an extraordinary legal remedy.”
- Houck v. EASTERN CARVER COUNTY SCHOOLS 787 N.W.2d 227 Minn. Ct. App. 2010
- Houck v. EASTERN CARVER COUNTY SCHOOLS 787 N.W.2d 227 Minn. Ct. App. 2010
- State v. Dahlin 753 N.W.2d 300 Minn. 2008
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State v. Dahlin
753 N.W.2d 300
Minn. 2008
While the commentary is not binding on this court, “the comments are recognized as providing guidance which courts may follow.”
- State v. Spraggins 742 N.W.2d 1 Minn. Ct. App. 2007
- State v. Spraggins 742 N.W.2d 1 Minn. Ct. App. 2007
- City of Wyoming v. Minnesota Office of Administrative Hearings 735 N.W.2d 746 Minn. Ct. App. 2007
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City of Wyoming v. Minnesota Office of Administrative Hearings
735 N.W.2d 746
Minn. Ct. App. 2007
“Mandamus is an extraordinary legal remedy.”
- State v. Hart 723 N.W.2d 254 Minn. 2006
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State v. Hart
723 N.W.2d 254
Minn. 2006
3 Mandamus, however, is “an extraordinary legal remedy.”
- Mendota Golf, LLP v. City of Mendota Heights 708 N.W.2d 162 Minn. 2006
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Mendota Golf, LLP v. City of Mendota Heights
708 N.W.2d 162
Minn. 2006
I. “Mandamus is an extraordinary legal remedy.”
- Northern States Power Company v. MINNESOTA METROPOLITAN COUNCIL 684 N.W.2d 499 Minn. 2004
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Northern States Power Company v. MINNESOTA METROPOLITAN COUNCIL
684 N.W.2d 499
Minn. 2004
Mandamus is an extraordinary remedy, that is available only to compel a duty clearly required by law.
- State v. Riley 667 N.W.2d 153 Minn. Ct. App. 2003
- State v. Riley 667 N.W.2d 153 Minn. Ct. App. 2003
- State v. Bluhm 663 N.W.2d 24 Minn. Ct. App. 2003
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State v. Bluhm
663 N.W.2d 24
Minn. Ct. App. 2003
(interpreting comment to the Minnesota Sentencing Guidelines as advisory and not controlling); (noting advisory comments to the Minnesota Rules of Court are not binding).
- In Re Stuart 646 N.W.2d 520 Minn. 2002
- State v. Schleicher 646 N.W.2d 520 Minn. 2002
- State v. Schleicher 646 N.W.2d 520 Minn. 2002
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In Re Stuart
646 N.W.2d 520
Minn. 2002
State *Page 524 v. Pero , , 323 (Minn. 1999).
- Johnson v. State 641 N.W.2d 912 Minn. 2002
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Johnson v. State
641 N.W.2d 912
Minn. 2002
495 , 30 L.Ed.2d 427 (1971); -24 (Minn.1999).
- State v. Hoelzel 639 N.W.2d 605 Minn. 2002
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State v. Hoelzel
639 N.W.2d 605
Minn. 2002
We have also explained that a writ of mandamus may issue to compel such a discretionary act only when failure to perform that act “was so arbitrary and capricious as to constitute a clear abuse of discretion.” (citation omitted).
- State v. Lattimer 624 N.W.2d 284 Minn. Ct. App. 2001
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State v. Lattimer
624 N.W.2d 284
Minn. Ct. App. 2001
(stating “[sjentencing is within the province of the judiciary, not the executive branch”); Olson, d at 18 (stating once the legislature has defined the range of punishments for a particular offense, it cannot “condition the imposition of the sentence by the court upon the prior approval of t