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State of Minnesota v. Benjamin Gerald Litke
Date: 03-03-2025
Case Number: 02-CR-22-243
Judge: Carl E. Erickson
Court: District Court, Atoka County, Minnesota
Plaintiff's Attorney: Atoka County, Minnesota, County Attorney's Office
Defendant's Attorney:
Click Here For The Best Atoka Criminal Defense Lawyer Directory
Click Here For The Best Atoka Criminal Defense Lawyer Directory
Description:
Atoka, Minnesota, criminal defense lawyer represented the Defendant charged with one count of second-degree criminal sexual conduct for sexually abusing his five-year-old niece.
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Legal issue Can a district court deny a motion for a downward dispositional departure without explicitly articulating its consideration of the factors supporting the departure?
Headnote
CRIMINAL LAW. SENTENCING DEPARTURES. The appellant contested the district court's decision to deny a downward dispositional departure from the presumptive sentencing guidelines, arguing that the court failed to adequately evaluate or articulate the record before sentencing.
CRIMINAL PROCEDURE. SENTENCING DISCRETION. The court examined whether the district court was required to articulate its consideration of the record in denying a downward departure, affirming that such explanation is not necessary if the court imposes the presumptive sentence, and noted that only in rare cases is a refusal to depart reversed.
Key Phrases Downward dispositional departure. Presentence investigation report. Psychosexual evaluation. Presumptive guidelines sentence. Norgaard plea.
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Legal issue Can a district court deny a motion for a downward dispositional departure without explicitly articulating its consideration of the factors supporting the departure?
Headnote
CRIMINAL LAW. SENTENCING DEPARTURES. The appellant contested the district court's decision to deny a downward dispositional departure from the presumptive sentencing guidelines, arguing that the court failed to adequately evaluate or articulate the record before sentencing.
CRIMINAL PROCEDURE. SENTENCING DISCRETION. The court examined whether the district court was required to articulate its consideration of the record in denying a downward departure, affirming that such explanation is not necessary if the court imposes the presumptive sentence, and noted that only in rare cases is a refusal to depart reversed.
Key Phrases Downward dispositional departure. Presentence investigation report. Psychosexual evaluation. Presumptive guidelines sentence. Norgaard plea.
Outcome:
Defendant was found guilty.
Affirmed
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Minnesota v. Benjamin Gerald Litke?
The outcome was: Defendant was found guilty. Affirmed
Which court heard State of Minnesota v. Benjamin Gerald Litke?
This case was heard in District Court, Atoka County, Minnesota, MN. The presiding judge was Carl E. Erickson.
Who were the attorneys in State of Minnesota v. Benjamin Gerald Litke?
Plaintiff's attorney: Atoka County, Minnesota, County Attorney's Office. Defendant's attorney: Click Here For The Best Atoka Criminal Defense Lawyer Directory.
When was State of Minnesota v. Benjamin Gerald Litke decided?
This case was decided on March 3, 2025.