September 2, 2025 – Attorney Newmark Wins Sentencing Appeal at the Minnesota Court of Appeals

After a jury trial in Rochester, Minnesota Attorney Newmark’s client was acquitted of intentional murder but convicted of unintentional murder. The Court imposed a sentence of 60 months. Sentencing guidelines called for a sentence of between 261-367 months if the client had been convicted of intentional murder, and from 128-180 months on the charge for which the client was convicted. Newmark convinced the District Court to depart from the guidelines, which can only occur in rare instances where the Court finds “substantial and compelling” circumstances. The State appealed the sentence, arguing that the circumstances justified a 15-year sentence rather than the five imposed. Newmark successfully argued to the Court of Appeals that the sentence was proper and lawful, and the Court agreed. Instead of facing a guidelines sentence of over 30 years, Newmark’s client will serve 5.