Author Archives: Alan F. Pendleton, "Of Counsel" Martine Law Firm, Director of Mentorship & Education, Former District Court Judge.

MINNESOTA HANDBOOK ON MOTOR VEHICLE STOPS & WARRANTLESS SEARCHES (14-09)

Posted on June 1, 2014 | Leave a comment

Minnesota Handbook on Motor Vehicle Stops and Warrantless SearchesWHAT IS THE HANDBOOK? The Handbook is designed to provide judges, attorneys and law enforcement officers with a comprehensive reference guide to the laws governing motor vehicle stops and the seven (7) exceptions to the Fourth Amendment warrant requirement under which warrantless searches of motor vehicles may be justified. The Handbook is broken down into the following chapters:

  1. Motor Vehicle Stops;
  2. Search Incident to Arrest;
  3. Plain View Seizure of Evidence;
  4. Probable Cause Search for Evidence;
  5. Inventory Search;
  6. Protective Weapons Search;
  7. Consent Search;
  8. Medical Emergency Search;
  9. Overview.

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https://pendletonupdates.com/wp-content/uploads/2014/07/handbook-on-motor-vehicle-stops-warrantless-searches.docx

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Posted in MN Handbook on Motor Vehicle Stops & Warrantless Searches, MN Handbook on Motor Vehicle Stops & Warrantless Searches, MOTOR VEHICLES, SEARCH & SEIZURE

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CROSS-EXAMINATION: Judicial Checklist For Use In Mentoring Attorneys (14-08)

Posted on May 19, 2014 | Leave a comment

CROSS EXAMINATION: Most lawyers do a good job in their opening statements, direct examinations, and closing argument, but never learn the art of cross-examination. Cross-examination has been called the ultimate test of the litigator’s skill. Judges, because of their training and experience, are in a unique position to mentor and guide young trial attorneys in many aspects of effective trial advocacy.

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Pendleton Update 14-8

 

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Posted in Cross Examination - 10 Basic Rules, TRIAL ISSUES

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HANDLING YOUR FIRST ELECTRONIC (paperless) CALENDAR – 10 SIMPLE STEPS TO FOLLOW (14-06)

Posted on April 21, 2014 | Leave a comment

HISTORICAL TRANSFORMATION: The Minnesota Judiciary is in the midst of one of the most innovative transitions in the history of the state court system. We are well on the way to becoming one of the first state court systems in the country to successfully transition from a paper file courtroom environment to an electronic (paperless) courtroom environment.

MAKING THE TRANSITION: Many judges have already successfully made the transition, but many others (myself included) are still in the early stages of the transition. Personally, this has been a challenging change to make. As I have worked through this process I found the attached 10-step checklist helpful. The purpose for this update is to share this 10-step checklist with other judges that (like me) are trying to manage the transition to an electronic courtroom environment.

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Pendleton Update 14-6

 

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Posted in Electronic Calendars - 10 Simple Steps to Follow, JUDICIAL PHILOSOPHY, RESOURCES & SAFETY

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COURTROOM INTERPRETERS – 6 PROCEDURAL STEPS TO FOLLOW (14-05)

Posted on April 8, 2014 | Leave a comment

STEP ONE: Know the Rules and Statutory Authority;

STEP TWO: Determine the Need For an Interpreter;

STEP THREE: An Interpreter Should be Qualified as an Expert and Administered an Oath. Rule of Evidence 604;

STEP FOUR – OPTIONAL: To Assure That All Participants Understand the Role of the Interpreter, the Court Should Consider Reading the Following Language at the Start of a Court or Jury Trial;

STEP 5: Interpreter Jury Instruction and Use of Two Interpreters;

STEP 6: Seven Judicial Tips on How to Maximize the Use and Effectiveness of a Courtroom Interpreter.

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Pendleton Update 14-5

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Posted in Courtroom Interpreters - 6 Steps to Follow, TRIAL ISSUES

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OFP & HRO HEARINGS – DUE PROCESS VIOLATION = REVERSAL (14-04)

Posted on March 28, 2014 | 1 comment

CAUTION: In the past 12 months the Court of Appeals has REVERSED the issuance of two separate Harassment Restraining Orders (HRO) based on Due Process violation(s). Namely, failure to provide respondent the opportunity to: (1) cross- examine the petitioner or the petitioner’s witnesses; and/or (2) the right to present witnesses on respondent’s behalf, or in the alternative, to make an offer of proof regarding the testimony of witnesses.

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Pendleton Update 14-4

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Posted in OFP & HRO HEARINGS, Right to Cross Examine & Present Witnesses

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WEAPONS AND HAZARDOUS EXHIBITS IN THE COURTROOM POLICY (14-03)

Posted on March 17, 2014 | Leave a comment

SAMPLE POLICY: The enclosed sample policy is designed to cover most trial situations in which a firearm, weapon or hazardous material is somehow involved. By requiring the party intending to use or display the weapon (or hazardous material) to notify the court prior to trial, the presiding judge can modify this policy to address any circumstance not specifically covered by this policy.

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Pendleton Update 14-3

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Posted in TRIAL ISSUES, Weapons & Hazardous Exhibit Policy

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ADMISSIBILITY OF BUSINESS RECORDS – FIVE QUESTIONS THAT MUST BE ANSWERED – Rule 803(6) (14-02)

Posted on February 12, 2014 | Leave a comment

DURING TRIAL: When A Party Offers Documents Into Evidence Under The Business Records Hearsay Exception (rule 803(6)) What Five Questions Should The Court Answer Before Ruling on Admissibility? (This assumes the documents are, in fact, business records, are relevant and not privileged.)

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Pendleton Update 14-2

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Posted in Business Records, EVIDENCE

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ORDERING SUMMARY JUDGMENT “SUA SPONTE” THE MORNING OF TRIAL 14-01

Posted on January 27, 2014 | Leave a comment

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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Pendleton Update 14-1

 

 

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Posted in CIVIL PROCEDURE, Summary Judgment - Day of Trial, Summary Judgment - The Morning of Trial

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WAIVER OF EXTRADITION ADVISORY (13-01)

Posted on January 15, 2014 | Leave a comment

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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Pendleton13.01-Waiver_of_Extradition_Advisory

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Posted in CRIMINAL PRETRIAL, Extraditions - Advisory and Habeas Corpus

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“JUDICIAL LANDMINES” 20 COMMON MISTAKES EVERY JUDGE SHOULD AVOID (13-15)

Posted on November 26, 2013 | Leave a comment

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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Pendleton Update 13-15

 

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Posted in 20 Common Judicial Mistakes, APPEALS and/or REMANDS, JUDICIAL PHILOSOPHY, RESOURCES & SAFETY

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