Monthly Archives: June 2010

PROSECUTORIAL MISCONDUCT (10-14)

Posted on June 29, 2010 | Leave a comment

PROBLEM: WITH EACH NEW GENERATION OF PROSECUTORS MANY OF THE SAME PROSECUTORIAL MISCONDUCT MISTAKES ARE REPEATED. ENCLOSED ARE TWO JUDICIAL RESOURCES TO ASSIST THE COURT IN ADDRESSING THIS ONGOING CONCERN?

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Pendleton10.14-Prosecutorial_Misconduct

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Posted in Prosecutorial Misconduct Manual, TRIAL ISSUES

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Battered Woman Syndrome (10-13)

Posted on June 15, 2010 | Leave a comment

QUESTION: During A Criminal Sexual Conduct (Rape) Jury Trial Involving A Battered Woman Relationship, The Prosecution Attempts To Introduce Evidence Of The “Battered Woman Syndrome” To Explain:

1. Why Some Victims Fail To Timely Report Crimes;

2. Why Some Victims Often Recant Testimony;

3. Why Some Victims Refuse To Leave Abusive Relationships,

What Is The “Battered Woman Syndrome” And What 4 Step Analysis Should The District Court Follow When Ruling On Admissibility?

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Pendleton10.13-Battered_Woman_Syndrome

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Posted in Battered Woman Syndrome, Battered Woman Syndrome, Domestic Violence, DOMESTIC VIOLENCE, EVIDENCE

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Residual Hearsay Exception Rule, Minn. R. Evid. 807 (10-12)

Posted on June 1, 2010 | Leave a comment

QUESTION: THE MORNING OF TRIAL YOU ARE ASKED TO RULE ON THE ADMISSIBILITY OF A HEARSAY STATEMENT UNDER THE RESIDUAL EXCEPTION TO THE HEARSAY RULE (Minn. R. Evid. 807). WHAT IS THE RESIDUAL HEARSAY EXCEPTION RULE AND WHAT 6 STEP ANALYSES MUST YOU FOLLOW TO PROPERLY RULE?

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Pendleton10.12-Residual_Hearsay_Exception_Rule

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Posted in EVIDENCE, Hearsay - Child Statements

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