QUESTION: Prior to commencement of a civil trial, during discussion between the court and counsel, the court determines that there are no material issues of fact for the court or jury to decide. Does the trial court have inherent authority to grant summary judgment on its own motion the day of trial without notice to the parties as required by Minnesota Rule of Civil Procedure 56.03?
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QUESTION: What procedure should a judge follow when a defendant, charged with being a “Fugitive from Justice,” makes a Rule 5 first appearance on an in-custody or bail calendar? This Update also includes a script that judges can follow in-court and covers procedures that apply in Habeas Corpus hearings…..
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WHAT IS A JUDICIAL LANDMINE? Judicial Landmines are common judicial mistakes or oversights that create a high likelihood of triggering an appeal. These judicial oversights tend to reoccur with every new generation of judges. Most of these mistakes occur as a result of judicial omission or failing to make a proper record. The following is a summary list of the 20 most common reoccurring Judicial Landmines.
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QUESTION: If a defendant’s sentence includes both a fine and restitution, and if defendant makes one or more payments to court administration, what is payment first credited to – restitution or the fine?
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https://pendletonupdates.com/wp-content/uploads/2014/08/judicial-training-update-13-14.docx
There are many conviction and sentencing factors that can have a dramatic impact on the deportation status of a non-citizen defendant. This update covers five of the most common problems that every judge and attorney should be aware of.
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https://pendletonupdates.com/wp-content/uploads/2014/06/pendleton13-13-five_immigration_facts.pdf
Other than a spouse or family member, there are few people judges spend more time with than their court reporters. The personal and professional relationship between a judge and their court reporter is extremely unique. In addition to being responsible for maintaining the official court record, court reporters are also privy to highly confidential and sensitive material. Court reporters are highly trained dedicated professionals and deserve to be treated as such. The following is a list of ten (10) personal and professional practices to help new judges develop a relationship with their court reporter that is based on mutual trust and respect.
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QUESTION: GAL reports usually contain “out of court statements” made by various third parties including the child(ren) at issue, such as “I saw daddy punch mommy in the face.” What legal analysis should the court follow if an attorney objects to the admissibility of such statements on hearsay grounds?
CLICK ON THE LINK BELOW TO READ MORE [This update is outdated. See new version at 20-01, dated March 31,2020]
Posted in Uncategorized
Tagged Divorce, Fool proof hearsay test, GAL Reports, Hearsay - Child Statements
When sentencing a defendant to prison, if the Court: 1) fails to state the number of jail credit days, or 2) the Court states the number of jail credit days but directs the prison to “verify” jail credit, the DOC will determine or verify jail credit by implementing a policy that does NOT allow credit for any time served other than ‘straight time’ (that includes denying jail credit for ‘work release’) even though defendants are lawfully entitled to such credit.
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Posted in Jail Credit - Inadvertent Deprivation, SENTENCING
Tagged DOC, Jail Credit, SENTENCING
On April 17, 2013 the U.S. Supreme Court issued a long awaited decision in Missouri v. McNeely in which the Court addressed when and under what circumstances, during drunk-driving investigations, law enforcement can conduct a blood test without a warrant. The McNeely decision reverses the Minnesota Supreme Court decision in State v. Shriner, 751 N.W.2d 538 (2008).
QUESTION: You receive a phone call at 3 a.m. from law enforcement asking you to approve a telephonic search warrant. What seven (7) procedural steps MUST be followed for a telephonic search warrant to be lawful? This update outlines a step-by-step guide for judges and law enforcement to follow
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Pendleton13.06-Missouri_v_McNeely_and_Telephonic_Search_Warrants
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MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 