State v. Cermak (1984)

green · 52 citation events across 3 courts. Showing the 24 strongest citers on record (one row per citing case, strongest signal kept).

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Treatment trajectory · 1984 → 2026 · click a year to view the case as of then

198420052026

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green Taylor v. State (2003)

Rule Authority · Minn. · 2 citations in this opinion

The majority correctly notes that generally "the sentencing court may not consider evidence that points to the defendant's guilt of some other offense but does not support the conclusion that the defendant committed the instant offense, for which he is being sentenced." State v. Cermak, 344 N.W.2d 833, 837 (Minn.1984); see also State v. Ott, 341 N.W.2d 883, 884 (Minn. 1984).

green State v. Skinner (1990)

Rule Authority · Minn. Ct. App. · 2 citations in this opinion

State v. Cermak, 344 N.W.2d 833, 839 (Minn.1984); State v. Luna, 320 N.W.2d 87, 89-90 (Minn.1982).

green State v. Mohamed (2010)

Rule Authority · Minn. Ct. App.

State v. Cermak, 344 N.W.2d 833, 837 (Minn.1984).

green Rairdon v. State (1996)

Rule Authority · Minn.

State v. Cermak, 344 N.W.2d 833, 839-40 (Minn.1984).

green State v. Davis (1995)

Rule Authority · Minn. Ct. App.

State v. Cermak, 344 N.W.2d 833, 837 (Minn.1984).

green State v. Wilson (1994)

Rule Authority · Minn. Ct. App.

State v. Cermak, 344 N.W.2d 833, 837 (Minn.1984).

green State v. Blair (1991)

Rule Authority · Minn. Ct. App.

State v. Cermak, 344 N.W.2d 833, 837 (Minn.1984).

green State v. Coley (1991)

Rule Authority · Minn. Ct. App.

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. Cermak, 344 N.W.2d 833, 837 (Minn.1984).

green State v. Carpenter (1990)

Rule Authority · Minn.

See State v. Campbell, 367 N.W.2d 454, 460-61 (Minn.1985); State v. Cermak, 344 N.W.2d 833, 839 (Minn.1984).

green State v. Falling (1987)

Rule Authority · Wash. Ct. App.

App. 751 , 740 P.2d 374 (1987); State v. Cermak, 344 N.W.2d 833, 840 (Minn. 1984) (defendant threatened to "break every bone" in the victim's body).

defendant threatened to "break every bone" in the victim's body

green State v. Bingham (1987)

Rule Authority · Minn. Ct. App.

Appellant was in a position of authority over S.B. and used that trust relationship to place her in a vulnerable position by attacking her while she was asleep on the family couch. 1 See State v. Cermak, 344 N.W.2d 833, 839 (Minn.1984).

green State v. Brown (1987)

Rule Authority · Minn. Ct. App.

State v. Cermak, 344 N.W.2d 833, 839 (Minn.1984).

green State v. Shaney (1985)

Rule Authority · Minn. Ct. App.

State v. Cermak, 344 N.W.2d 833, 837 (Minn.1984).

green State v. Casady (1986)

Cited · Minn. Ct. App. · signal: see · 2 citations in this opinion

See State v. Cermak, 344 N.W.2d 833, 840 (Minn.1984).

green State of Minnesota v. Peter Clare Hoagland (2017)

Cited · Minn. Ct. App. · signal: see

See State v. Cermak, 344 N.W.2d 833, 840 (Minn. 1984).

green State v. Rourke (2004)

Cited (see also) · Minn. Ct. App. · signal: see, e.g.

State v. Schantzen, 308 N.W.2d 484, 487 (Minn.1981); see, e.g., State v. Cermak, 344 N.W.2d 833, 840 (Minn.1984) (holding that offender acts with particular cruelty when he threatens to break every bone in victim’s body if -victim reports sexual abuse); State v. Lamar, 474 N.W.2d 1, 3 (Minn.App.1991) (affirming upward dura-tional departure in sentence where offender made death threat after rape), review denied (Minn. Sept. 13, 1991); State v. Hines, 343 N.W.2d 869, 872-73 (M…

green State v. Hagen (2004)

Cited · Minn. Ct. App. · signal: see

See State v. Cermak, 344 N.W.2d 833, 839 (Minn.1984).

green Perkins v. State (1997)

Cited (see also) · Minn. · signal: see also

This court has held that “[gratuitous infliction of pain * * * qualifies as ‘particular cruelty’ within II.D.2.b(2) of the Guidelines.” State v. Schantzen, 308 N.W.2d 484, 487 (Minn.1981) (holding that gratuitously spraying handcuffed robbery victims with mace constituted particular cruelty); see also State v. Cermak, 344 N.W.2d 833, 840 (Minn.1984) (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 re…

green Perkins v. State (1995)

Cited · Minn. Ct. App. · signal: see

See State v. Cermak, 344 N.W.2d 833, 840 (Minn.1984) (threats “to break every bone” in victim’s body constitute particularly cruel conduct); State v. Schantzen, 308 N.W.2d 484, 487 (Minn.1981) (gratuitous infliction of pain qualifies as particular cruelty); State v. Hines, 343 N.W.2d 869, 872-73 (Minn.App.1984) (upward departure proper where threats made to robbery victim were purely gratuitous and psychologically brutal). 3.

green State v. Lubitz (1991)

Cited (see also) · Minn. · signal: compare

Compare State v. Winchell, 363 N.W.2d 747 (Minn.1985) (does not apply), State v. Cermak, 344 N.W.2d 833 (Minn.1984) (does apply) with State v. Cox, 343 N.W.2d 641 (Minn.1984) (applies in part).

green State v. Shephard (1988)

Cited (see also) · Wash. Ct. App. · signal: see also

See also State v. Cermak, 344 N.W.2d 833, 839 (Minn. 1984) (unspecified trust relationship in sexual abuse case justified departure from sentencing range).

unspecified trust relationship in sexual abuse case justified departure from sentencing range

green State v. Srey (1987)

Cited · Minn. · signal: see

See discussion of Womack, Brigger and Rott in State v. Cermak, 344 N.W.2d 833, 837-38 (Minn.1984).

green State v. Mortland (1986)

Cited · Minn. Ct. App. · signal: see

See State v. Cermak, 344 N.W.2d 833, 839 (Minn.1984); State v. Partlow, 321 N.W.2d 886 , 887 n. 1 (Minn.1982). (b) More than one form of sexual penetration.

green State v. Andren (1984)

Cited · Minn. Ct. App. · signal: see

See State v. Cermak, 344 N.W.2d 833 (Minn.1984).