Cited by
Opinions in Minnesota that cite State v. Cermak, 344 N.W.2d 833.
- 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. 2022
-39 (Minn. 1984); -20 (Minn. 1982).
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State of Minnesota, Respondent, vs. Martell Antonio Bloxson, Appellant.
Minn. Ct. App. 2021
d 833, 839 (Minn. 1984); review denied (Minn. Mar.
- Evans v. State 925 N.W.2d 240 Minn. 2019
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Evans v. State
925 N.W.2d 240
Minn. 2019
Third, Evans argues that the postconviction court erred by using elements of the offense to increase his sentence from "imprisonment for life" to "life without possibility of release," thus departing upwardly, in violation of State v. Cermak , , 839 (Minn. 1984), and Minn. Sent.
- State of Minnesota v. Peter Clare Hoagland Minn. Ct. App. 2017
- State of Minnesota v. Peter Clare Hoagland Minn. Ct. App. 2017
- State v. Mohamed 779 N.W.2d 93 Minn. Ct. App. 2010
- State v. Mohamed 779 N.W.2d 93 Minn. Ct. App. 2010
- State v. Rourke 681 N.W.2d 35 Minn. Ct. App. 2004
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State v. Rourke
681 N.W.2d 35
Minn. Ct. App. 2004
see, (holding that offender acts with particular cruelty when he threatens to break every bone in victim’s body if -victim reports sexual abuse); (affirming upward dura-tional departure in sentence where offender made death threat after rape), review denied (
- Taylor v. State 670 N.W.2d 584 Minn. 2003
- Perkins v. State 559 N.W.2d 678 Minn. 1997
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Perkins v. State
559 N.W.2d 678
Minn. 1997
This court has held that “[gratuitous infliction of pain * * * qualifies as ‘particular cruelty’ within II.D.2.b(2) of the Guidelines.” (holding that gratuitously spraying handcuffed robbery victims with mace constituted particular cruelty); (holding that defendant’s threat to 12-year-old sexual assault victim that he would break every bone in the boy’s body if he revealed the assault constituted particularly cruel conduct).
- Rairdon v. State 557 N.W.2d 318 Minn. 1996
- Rairdon v. State 557 N.W.2d 318 Minn. 1996
- Perkins v. State 540 N.W.2d 908 Minn. Ct. App. 1995
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Perkins v. State
540 N.W.2d 908
Minn. Ct. App. 1995
(threats “to break every bone” in victim’s body constitute particularly cruel conduct); (gratuitous infliction of pain qualifies as particular cruelty); -73 (Minn.App.1984) (upward departure proper where threats mad
- State v. Davis 540 N.W.2d 88 Minn. Ct. App. 1995
- State v. Davis 540 N.W.2d 88 Minn. Ct. App. 1995
- State v. Wilson 524 N.W.2d 271 Minn. Ct. App. 1994
- State v. Wilson 524 N.W.2d 271 Minn. Ct. App. 1994
- State v. Blair 474 N.W.2d 630 Minn. Ct. App. 1991
- State v. Blair 474 N.W.2d 630 Minn. Ct. App. 1991
- State v. Lubitz 472 N.W.2d 131 Minn. 1991
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State v. Lubitz
472 N.W.2d 131
Minn. 1991
(does not apply), (does apply) (applies in part).
- State v. Coley 468 N.W.2d 552 Minn. Ct. App. 1991
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State v. Coley
468 N.W.2d 552
Minn. Ct. App. 1991
Substantial and compelling circumstances are those demonstrating that “the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime.”
- State v. Carpenter 459 N.W.2d 121 Minn. 1990
- State v. Carpenter 459 N.W.2d 121 Minn. 1990
- State v. Skinner 450 N.W.2d 648 Minn. Ct. App. 1990
- State v. Skinner 450 N.W.2d 648 Minn. Ct. App. 1990
- Ware v. State 406 N.W.2d 598 Minn. Ct. App. 1987
- State v. Bingham 406 N.W.2d 567 Minn. Ct. App. 1987
- State v. Bingham 406 N.W.2d 567 Minn. Ct. App. 1987
- Ware v. State 406 N.W.2d 598 Minn. Ct. App. 1987
- State v. Brown 406 N.W.2d 530 Minn. Ct. App. 1987
- State v. Brown 406 N.W.2d 530 Minn. Ct. App. 1987
- State v. Srey 400 N.W.2d 722 Minn. 1987
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State v. Srey
400 N.W.2d 722
Minn. 1987
See discussion of Womack, -38 (Minn.1984).
- State v. Mortland 395 N.W.2d 469 Minn. Ct. App. 1986
- State v. Mortland 395 N.W.2d 469 Minn. Ct. App. 1986
- State v. Casady 392 N.W.2d 629 Minn. Ct. App. 1986
- State v. Casady 392 N.W.2d 629 Minn. Ct. App. 1986
- State v. Cermak 365 N.W.2d 243 Minn. 1985
- State v. Cermak 365 N.W.2d 238 Minn. 1985
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State v. Cermak
365 N.W.2d 243
Minn. 1985
We hold that the two departures with respect to consecutive service were justified, for reasons stated in State v. (James) Cermak, and State v. (John) Cermak
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State v. Cermak
365 N.W.2d 238
Minn. 1985
Others are State v. (Alice) Cermak, State v. (James) Cermak, and State v. (John) Cermak
- State v. Shaney 361 N.W.2d 921 Minn. Ct. App. 1985