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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 CourtListener

Cited by

39 cases in this archive cite this case; the 20 most cited are listed.

Cites

55 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.