Monthly Archives: September 2011

Rape Victim Myths – Expert Testimony; Supreme Court Clarification (11-15)

QUESTION: During A Criminal Sexual Conduct Jury Trial In Which Defendant Claims Consent, The Prosecution Attempts To Introduce Expert Testimony To Describe And Explain ‘Counterintuitive Rape Victim Behaviors’ (Common Rape Myths) Exhibited By Adult Victims Of Sexual Assaults. What are these common rape myths?

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Pendleton11.15-Rape_Victim_Myths

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IMPEACHMENT – PRIOR FELONY CONVICTIONS (11-14)

The Minnesota Supreme Court Recently Issued A Decision Of 1st Impression On The Use Of “UNSPECIFIED FELONIES” Which Significantly Impacts The Use Of Prior Convictions For Impeachment Purposes. This Training Update Replaces Update #10-19, Dated October 25, 2010. The Updated Section Is On Page 2, Paragraph #3, Labeled “NEW RULE – UNSPECIFIED FELONIES”. State v. Hill, AO9-1947, August 24, 2011.

QUESTION:   Prior To Trial The State Files A Motion-In-Limine Seeking To Impeach Defendant (Should He Decide To Testify) With Several Prior Felony Convictions, All Occurring Within The Past 10 Years And None Constituting A “Crime Of Dishonesty Or False Statement”. What Balancing Test Must The Court Apply And What 5 Specific Findings Must The Court Make (On The Record) To Properly Rule?

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Pendleton11.14-Impeachment-Prior_Felony_Convictions