Cited by
Opinions in Minnesota that cite State v. Osborne, 715 N.W.2d 436.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
To verify the defendant’s understanding, a district court’s advisory on the right to a trial by jury “must be accompanied by searching questions.” State v. Osborne , (quotation omitted).
- State of Minnesota v. Romaine Anthony Reid Minn. Ct. App. 2026
- State of Minnesota v. Romaine Anthony Reid Minn. Ct. App. 2026
- Carlos Heard, Appellant, vs. State of Minnesota, Respondent Minn. 2025
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Carlos Heard, Appellant, vs. State of Minnesota, Respondent
Minn. 2025
We have stated that “[w]e cannot expect a defendant to foresee a new rule of law.”
- State of Minnesota v. John Ishmael Bradley, III Minn. 2024
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State of Minnesota v. John Ishmael Bradley, III
Minn. 2024
(“A defendant may not be convicted of both the charged offense and a lesser-included offense for the same criminal act.”).
- State of Minnesota v. Curtis Lablanche Vanengen Minn. 2024
- State of Minnesota v. Curtis Lablanche Vanengen Minn. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Prevo also relies on State v. Osborne to explain the rationale for prohibiting the use of conduct underlying one conviction for which a defendant was sentenced to support an upward sentencing departure for a separate conviction—that “a defendant should not be punished twice for the same conduct.”
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Kyle Lawrence Shepperson, petitioner, Appellant,
Minn. Ct. App. 2022
A criminal defendant’s waiver of the right to counsel must be “knowing, voluntary, and intelligent.” -44 (Minn. 2006); see also Minn. R. Crim.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(advising that a court should ask “searching questions to be satisfied that the defendant was informed of his rights [to a jury trial] and that the waiver was voluntary” (quotations omitted)).
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State of Minnesota,
Minn. 2021
Reimer, counters that any factual determination made by a court that results in a higher sentence for a criminal defendant is per se prejudicial.
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
suffered are an essential element of the offense of convicti on” and thus “can’t also be the basis for a decision to depart based on par ticular cruelty.” Easton relies on State v. Osborne , in which the supreme court stated that “the elements of an offense cannot be used as a ggravating factors to impose an upward sentencing departure for that same offense.” Id.
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State v. Pakhnyuk 926 N.W.2d 914 Minn. 2019
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State v. Pakhnyuk
926 N.W.2d 914
Minn. 2019
State v. Osborne , , 441 (Minn. 2006).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
But as the state acknowledges, “the Minnesota Supreme Court has held that this issue generally is not waived or forfeited by fail ing to raise it before the district court.” n.3 (Minn. 2006) (stating that “the statutory protection against multiple sentencing” under section 609.035 “is not forfeited by failing to raise the issue in the district court”).
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Dennis Lougee, et al., Appellants,
Minn. Ct. App. 2019
(“[E]rrors—even those affecting constitutional rights—can be forfeited for purposes of appeal by failure to make a timely objection .
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Helen Marie Mauch, et al., Appellants,
Minn. Ct. App. 2018
See State v. Beaulieu , n.5 (Minn. 2015); State v. Osborne
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Ayala -Leyva points us to the 268- for conspiring to commit first-degree sale and other controlled-substance offenses as proof that his sentence is excessive .
- State v. Washington 908 N.W.2d 601 Minn. 2018
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State v. Washington
908 N.W.2d 601
Minn. 2018
State v. Osborne , , 440 (Minn. 2006).
- State v. Winbush 912 N.W.2d 678 Minn. Ct. App. 2018
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State v. Winbush
912 N.W.2d 678
Minn. Ct. App. 2018
See State v. Osborne , , 441 n.3 (Minn. 2006) ("[T]he statutory protection against multiple sentencing ...
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(“[E]lements of an offense cannot be used as a ggravating factors to impose an upward sentencing departure for that same offense.”).
- State of Minnesota v. Joshua Lee Myhre 875 N.W.2d 799 Minn. 2016
- State of Minnesota v. Joshua Lee Myhre 875 N.W.2d 799 Minn. 2016
- State of Minnesota v. Kemen Lavatos Taylor, II 869 N.W.2d 1 Minn. 2015
- State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent. 869 N.W.2d 863 Minn. 2015
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State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent.
869 N.W.2d 863
Minn. 2015
“As a general rule, district court errors — even those affecting constitutional rights — can be forfeited for *867 purposes of appeal by the failure to make a timely objection in the district court.”
- State of Minnesota v. Larry Darnell Lakes Minn. Ct. App. 2015
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State of Minnesota v. Larry Darnell Lakes
Minn. Ct. App. 2015
See Lakes, 2014 WL 2013386, at *6 ().
- Lane Francis Weitzel v. State of Minnesota 868 N.W.2d 276 Minn. Ct. App. 2015
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Lane Francis Weitzel v. State of Minnesota
868 N.W.2d 276
Minn. Ct. App. 2015
n.3 (Minn. 2015) (distinguishing between waiver, “the intentional relinquishment or abandonment of a known right,” and forfeiture, “the failure to make the timely assertion of a right”); (explaining that “forfeiture is nothing more than one form of waiver, that is, waiver by silence”).
- State of Minnesota v. Arthur Charles Huffman Minn. Ct. App. 2015
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State of Minnesota v. Arthur Charles Huffman
Minn. Ct. App. 2015
Under Blakely, “any fact that is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted to by the defendant or proved to a jury beyond a reasonable doubt.”
- State of Minnesota v. Stephanie JoNell Guscette Minn. Ct. App. 2015
- State of Minnesota v. Stephanie JoNell Guscette Minn. Ct. App. 2015
- State of Minnesota v. Clarence Bruce Beaulieu 859 N.W.2d 275 Minn. 2015
- Distinguished State of Minnesota v. Clarence Bruce Beaulieu 859 N.W.2d 275 Minn. 2015
- State of Minnesota v. Hugh Alexander Larson Minn. Ct. App. 2014
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State of Minnesota v. Hugh Alexander Larson
Minn. Ct. App. 2014
ant’s one “underlying motivation” for two acts of penetration was “to satisfy his perverse sexual needs,” although “[d]efendant moved the victim to a different place before 4 Although Larson raises his sentencing argument for the first time on appeal, the statutory protection against multiple sentencing “is not forfeited by failing to raise the issue in the district court.” n.3 (Minn. 2006).
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014
- State of Minnesota v. Robert John Meyers 853 N.W.2d 819 Minn. Ct. App. 2014