Legal Opinion
State v. Saue
Court of Appeals of Minnesota
Decided November 2, 2004No. A03-1182PublishedCited by 4 opinions
1Opinion of the Court
OPINION
KALITOWSKI, Judge.
Following a jury trial in which he was convicted of third-degree assault, appellant Ross Adam Saue argues that the upward dispositional and durational sentencing departures were based on judicial findings and therefore violate his Sixth Amendment right to a jury trial under Blakely v. Washington, 124 S.Ct. 2531 (2004).
FACTS
On the night of August 29, 2002, Jeffrey Barrett and Marlee Nebben were confronted by Barrett’s landlord, who had been attempting to evict Barrett. After Barrett pulled a knife, the landlord and another man jumped on Barrett, knocked the knife out…
2Cases cited27 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Mistretta v. United StatesSupreme Court of the United States · 1989
- United States v. Freddie J. BookerCourt of Appeals for the Seventh Circuit · 2004
- Edwards v. United StatesSupreme Court of the United States · 1998
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3Cited by4 opinions
- State v. JohnsonCourt of Appeals of Minnesota · 2004
- State v. RobinsonCourt of Appeals of Minnesota · 2005
- State v. BeatyCourt of Appeals of Minnesota · 2005
- State v. BoehlCourt of Appeals of Minnesota · 2005