Legal Opinion

State v. Davis

Court of Appeals of Minnesota

Decided December 5, 1995No. C9-95-289PublishedCited by 6 opinions

1Opinion of the Court

OPINION

PARKER, Judge.

The district court found James Davis guilty of second-degree assault. Davis challenges his conviction, claiming the evidence was insufficient to support it. Davis also contends that it was an abuse of the court’s discretion to depart upward durationally in sentencing. We affirm.

FACTS

On June 7, 1994, three witnesses observed Davis assaulting Romanita Hopkins while he was holding his and Hopkins’ child. Patricia Callahan testified that she saw Davis slapping Hopkins while she was down on all fours “like a dog.” Callahan saw Davis kick Hopkins hard two times in the side as…

2Cases cited10 opinions

  1. State v. WebbSupreme Court of Minnesota · 1989
  2. State v. GarciaSupreme Court of Minnesota · 1981
  3. State v. PieschkeSupreme Court of Minnesota · 1980
  4. State v. PetersonSupreme Court of Minnesota · 1983
  5. State v. CermakSupreme Court of Minnesota · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. BastingSupreme Court of Minnesota · 1997
  2. State v. EslerCourt of Appeals of Minnesota · 1996
  3. State v. JorgensonCourt of Appeals of Minnesota · 2008
  4. State v. OrtizCourt of Appeals of Minnesota · 2001
  5. State v. CepedaCourt of Appeals of Minnesota · 1999

1 more not listed; retrieve them via the Exa API.

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