-
Join 4,143 other subscribers
LEGAL RESEARCH LIBRARY
- Legal Search Engines
- Minnesota State Statutes
- Minnesota Administrative Rules
- Minnesota Automobile Insurance Arbitration Rules
- Minnesota Court Rules:
- Minnesota Civil Commitment Act
- Minnesota Court Records Search (MNCIS)
- Minnesota Court Forms
- Minnesota Judicial Branch (public website)
- Minnesota “Payables” List
- Minnesota State Bar Association (MSBA)
- Minnesota State Constitution
- Shumaker’s Rulings on Evidence (Judge’s Edition); An Evidentiary Manual for Minnesota Trial Judges and Attorneys
- United States Constitution
Training & Trial Manuals
FEATURED BOOK
Irving Younger’s 10 Commandments Of Cross Examination
-
Recent Posts
- NORGAARD PLEA OF GUILTY (Unable to Recall Facts) Three Steps to Making a Proper Record December 29, 2025
- WARRANTLESS ARRESTS & DETENTIONS: 36- & 48-Hour Rules December 4, 2025
- JUDICIAL & LEGAL WRITING – The Number One Rule for Improvement = CUTTING (25-10) November 23, 2025
- PROSECUTORIAL MISCONDUCT: 15 Categories Every Judge and Attorney Should Recognize and Avoid (25-9) October 6, 2025
- Martine Law Training Update – 2025 Recap Issue Part-One August 25, 2025
Top Posts & Pages
- In-Court Resource Guides
- Table of Contents
- "Paradee" Motions - What Judges Need to Know: Seven Basic Facts & Two Sample Orders (15-09)
- WARRANTLESS ARRESTS & DETENTIONS: 36- & 48-Hour Rules
- Subject Matter Index
- Courtroom Closure - Full or Partial Exclusion (10-06)
- Residual Hearsay Exception Rule, Minn. R. Evid. 807 (10-12)
- PROSECUTORIAL MISCONDUCT: 15 Categories Every Judge and Attorney Should Recognize and Avoid (25-9)
- Urine Drug Testing: The Risk of False Positives - What Judges Need to Know
- JUDICIAL DECISION-MAKING FATIGUE: Can Hunger & Fatigue Affect Judicial Fairness? YES (20-03)
Irving Younger’s 10 Commandments Of Cross Examination
-
-
-
-
-
Author Archives: Alan F. Pendleton, "Of Counsel" Martine Law Firm, Director of Mentorship & Education, Former District Court Judge
ImageTIME SPENT IN JAIL WHILE ON PROBATION: Urban Myth – The 12 Month Limit (15-18)
URBAN MYTH – Many years ago, an entire generation of judges and attorneys were taught that Minnesota law (MS 609.135, subd 4) established a 12 month cap on the total amount of local jail that a defendant could be required to serve (whether as a condition of probation or as a sanction for violating probation), and that any incarceration in excess of 12 months would require execution of the stayed sentence = prison.
This update is designed to dispel that myth and provide the bench and bar with a simple explanation and general rule along with supporting authority.
TO READ THE FULL UPDATE CLICK ON THE FOLLOWING LINK:
WARNING SIGNS FOR JUDGES & ATTORNEYS – Ten Habits of Chronically Unhappy People (15-17)
WE ALL WORK IN A HYPER-COMPETITIVE, STRESS FILLED ENVIRONMENT: The practice of law can be demanding and exceedingly stressful. Put an ordinary individual (which includes even the most well balanced and well-adjusted judge or lawyer) in a hyper-competitive, stress filled, emotional, high stakes environment such as the law, and you have the formula for a psychological crisis. According to an often-cited Johns Hopkins University study of more than 100 occupations, researchers found that lawyers lead the nation with the highest incidence of depression and unhappiness.
TEN (10) TRAITS & HABITS EVERY JUDGE & ATTORNEY SHOULD LOOK OUT FOR: Although there are many legal professionals that are truly happy, most of us bounce back and forth between happiness and unhappiness depending on the day. According to Psychology Today, there are ten traits and habits that chronically unhappy people have mastered. However, it is important to remember, we all have bad days, even weeks when we fall down in all ten areas. The difference between a happy and unhappy life is how often and how long we stay there. This Training Update outlines the ten traits and habits to guard against.
TO THE READ THE FULL UPDATE CLICK ON THE FOLLOWING LINK:
PRESS RELEASE – BEST LEGAL BLOG CONTEST FINALISTS
For Immediate Release: Judge Pendleton’s “2015 Judicial Training & Education Blog” Has Been Nominated for The Expert Institute’s Best Legal Blog Contest.
Minnesota readers have spoken, from a field of more than 2,000 potential nominees, the 2015 Judicial Training & Education Blog has received enough nominations to join the top 250 legal blogs participating in one of the largest competitions for legal blog writing online today. With an open voting format that allows participants one vote per blog, the competition will be a true test of the dedication of each blog’s existing readers.
The Judicial Training Blog is the only Minnesota Blog to make it this far in the education category of the competition. Each blog will compete for rank within its category. The three blogs that receive the most votes in any category will be crowned overall winners. The competition ends at 12:00 AM on October 9th, at which point the votes will be tallied and the winners announced.
Readers can vote for the “2015 Judicial Training & Education Blog” at: https://www.theexpertinstitute.com/blog-category/education/
Posted in Uncategorized
NORGAARD PLEA OF GUILTY – Unable to Recall Facts (15-16)
NORGAARD PLEA OF GUILTY: A Norgaard Plea is a procedure that governs situations where a defendant wants to enter a plea of guilty (usually in order to take advantage of a plea agreement) but is unable to recall facts d
ue to intoxication or amnesia. Unlike an Alford plea (see update 14-18) in a Norgaard plea, defendant does not make a claim he is innocent. State v. Ecker, 524 N.W.2d 712, 716 (Minn.1994); State v. Johnson, A14-1605, Minn. App. June 29, 2015.
To the dismay of the Court of Appeals, there are certain judicial mistakes/oversights that tend to reoccur with every new generation of judges and attorneys. Two of the most common oversights involve Alford and Norgaard pleas of guilty. These oversights almost always involve failure to make a complete record. Creating a full and complete record to support any plea of guilty should be viewed as a collaborative effort shared by both judge and attorneys.
The proper procedure for an Alford plea of guilty can be found in Update 14-18, dated October 8, 2014.
This week’s judicial update outlines the procedure that the district court must follow before a Norgaard plea of guilty can be accepted.
TO READ THE FULL UPDATE CLICK ON THE FOLLOWING LINK:
MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 