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

Ordering Defendants to Wear Restraints During Trial (13-05)

QUESTION: Under what circumstances can the court order a defendant to wear restraints (e.g. leg restraint not visible to the jury, etc.) during trial and what nine (9) factors should the court consider in reaching a decision?

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PendletonUpdate13-05

Child Support – 5 Tax Rules Every Judge Should Know (13-04)

QUESTION: When drafting or reviewing a final divorce decree involving an order of child support, what five (5) tax rules should every judge (and attorney) be aware of?

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Pendleton13.04- Child Support- 5 Tax Rules Every Judge Should Know

Post Decree Motions to Modify Custody Based on Endangerment (13-03)

QUESTION: When Ruling on a Post-Decree Motion To Modify Custody (Based on a Claim of Endangerment) What is the “Rule of Nice-Petersen” and What 3-Step Analysis MUST the Court Follow?

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Pendleton Update 13-3

Jury Selection “Batson” Challenge (13-02)

QUESTION: You’re In The Middle Of Jury Selection When One Party Raises A “Batson” Challenge. What Three-Step Analysis Must You Follow To Properly Rule On The Challenge? Does “Batson” Prohibit Both Racial and Gender Discrimination?

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Pendleton13.02 Batson Challenge-replaces 10-10

Jury Selection – “Batson” Challenge (replaced with update 13.2)

This update (10.10) has been replaced with update 13.2

Pendleton10.10-Jury_Selection_Batson_Challenge

MINNESOTA JAIL CREDIT MANUAL (12-10)

The Minnesota Jail Credit Manual is designed to provide Judges and Attorneys with a basic guide to the most common jail credit questions faced by legal practitioners on a day to day basis.

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Pendleton Update 12-10

Minnesota Jail Credit Manual (11-17) (replaced by update 12-10)

THIS IS THE OLD VERSION. SHOULD BE REPLACED WITH NEW VERSION 12.10

Pendleton11.17-Jail_Credit_Rules

Family Law Motions: Ten Basics Rules (11-10) (Replaced by 12-09)

This is an old version. It has been replaced by update 12-09.

Pendleton11.10-Family_Law_Motions

 

Consecutive Sentencing – A Common Judicial Mistake (12-08)

QUESTION: When the Court orders a stayed sentence to run “consecutive” to all other sentences” what does that actually mean? What is it that actually runs consecutive?

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Pendleton12.08-Consecutive_Sentencing

Jail Credit Calculation – New Supreme Court “Clarkin” Rule (12-07)

QUESTION: When The Court Imposes A Concurrent Sentence, Defendant Is Entitled To Jail Credit For All Time Spent In Custody In Connection With The Offense Being Sentenced Including Time Spent In Custody Related To Other Charges….BUT….How Do You Calculate The Starting Point For Jail Credit?

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Pendleton12.07-Jail_Credit_Calculation-New_Supreme_Court_Clarkin_Rule