Supreme Court of Minnesota· 6/8/2006
State v. Osborne
Citations
- 715 N.W.2d 436
- 2006 Minn. LEXIS 357
- 2006 WL 1549940
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that at the time of the defendant’s sentencing, “our case law had consistently rejected any Blakely-type claim”
- noting that a contrary result would “expect defendants to continue, formalistically, to make motions or objections based on arguments that we have repeatedly rejected as being without legal merit”
- imposing a 122-month sentence, which was a 24-month upward departure from the presumptive 98-month sentence
- imposing a 225-month sentence, which was a 67-month upward departure from the presumptive 158-month sentence
- noting that we had “consistently rejected any Blakely-type claim” and that we could not “expect defendants to continue, formalistically, to make motions or objections based on arguments that we have repeatedly rejected as being without legal merit”
- explaining in a case pending when Blakely was decided that the defendant was not advised of his right to have a jury trial on sentencing factors and so did not waive that right
Source: CourtListener parenthetical corpus (CC0).
Judges: Hanson, Paul, Anderson, Barry, Gildea
Read full opinion on CourtListenerCited by
39 cases in this archive cite this case; the 20 most cited are listed.
- State v. CaulfieldSupreme Court of Minnesota· 2006-10-05· cited 113×
- State v. MaurstadSupreme Court of Minnesota· 2007-06-14· cited 78×
- State v. VanceSupreme Court of Minnesota· 2007-07-12· cited 72×
- State of Minnesota v. Kemen Lavatos Taylor, IISupreme Court of Minnesota· 2015-08-26· cited 70×
- State v. EdwardsSupreme Court of Minnesota· 2009-11-19· cited 62×
- State of Minnesota v. Mahdi Hassan AliSupreme Court of Minnesota· 2014-10-08· cited 60×
- State of Minnesota v. Antoine Rumel LittleSupreme Court of Minnesota· 2014-08-13· cited 57×
- State of Minnesota v. Clarence Bruce BeaulieuSupreme Court of Minnesota· 2015-02-04· cited 54×
- State v. KuhlmannSupreme Court of Minnesota· 2011-12-21· cited 50×
- State v. PakhnyukSupreme Court of Minnesota· 2019-05-08· cited 47×
- State v. JonesSupreme Court of Minnesota· 2008-03-13· cited 46×
- State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent.Supreme Court of Minnesota· 2015-08-19· cited 42×
- State v. BrownSupreme Court of Minnesota· 2007-06-07· cited 41×
- State v. JonesSupreme Court of Minnesota· 2009-09-10· cited 40×
- Campos v. StateSupreme Court of Minnesota· 2012-06-20· cited 40×
- State of Minnesota v. Joshua Lee MyhreSupreme Court of Minnesota· 2016-02-17· cited 36×
- State v. RodriguezSupreme Court of Minnesota· 2008-08-21· cited 32×
- State v. DettmanSupreme Court of Minnesota· 2006-08-10· cited 32×
- State v. ThompsonSupreme Court of Minnesota· 2006-09-07· cited 27×
- State v. GreenSupreme Court of Minnesota· 2008-05-01· cited 17×
Cites
55 cases in this archive are cited by this case; the 20 most cited are listed.
- Apprendi v. New JerseySupreme Court· 2000-06-26· cited 28,372×
- United States v. BookerSupreme Court· 2004-10-01· cited 23,210×
- Blakely v. WashingtonSupreme Court· 2004-06-24· cited 13,994×
- United States v. YoungSupreme Court· 1985-02-20· cited 4,689×
- Johnson v. United StatesSupreme Court· 1997-05-12· cited 4,572×
- State v. FosterOhio Supreme Court· 2006-02-27· cited 3,571×
- United States v. CottonSupreme Court· 2002-05-20· cited 3,303×
- United States v. GaudinSupreme Court· 1995-06-19· cited 2,553×
- Ross v. MoffittSupreme Court· 1974-06-17· cited 1,488×
- Martinez v. Court of Appeal of California, Fourth Appellate DistrictSupreme Court· 2000-01-24· cited 840×
- McKane v. DurstonSupreme Court· 1894-05-14· cited 592×
- State v. GrillerSupreme Court of Minnesota· 1998-07-30· cited 451×
- Flood v. KuhnSupreme Court· 1972-06-19· cited 277×
- State v. ShattuckSupreme Court of Minnesota· 2005-10-06· cited 124×
- United States v. Thomas C. RichardsonSeventh Circuit· 2001-01-25· cited 115×
- Timothy G. McGurk v. Donald Stenberg, Attorney General for the State of Nebraska Michael Thurber, Superintendent of the Lancaster County JailEighth Circuit· 1998-12-10· cited 108×
- State v. BlomSupreme Court of Minnesota· 2004-07-01· cited 103×
- Toroguet-Cervantes v. United StatesSupreme Court· 2005-10-11· cited 103×
- State v. LeakeSupreme Court of Minnesota· 2005-06-23· cited 100×
- State v. JonesSupreme Court of Minnesota· 2004-03-11· cited 94×
Sourced from CourtListener / Free Law Project (CC0).
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