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

IMPEACHMENT: PRIOR INCONSISTENT STATEMENTS – 8 Judicial Observations and 2 Sample Impeachment Scripts (15-10)

 

BB_MAS_Article_illustration_cNote for Judges Willing to Mentor and Educate: As most trial judges know, many attorneys do not know how to properly impeach a witness using a deposition or other prior inconsistent statement. Following jury trial many attorneys ask the presiding judge for constructive criticism on the attorney’s performance during trial. These post-trial judicial critiques are golden opportunities for the judge (if willing) to mentor and educate a young attorney. This training update and sample impeachment scripts are intended to serve as a set of general principles and guidelines for trial attorneys to learn and follow.

TO READ MORE CLICK ON LINK BELOW:

PendletonUpdate15-10

“Paradee” Motions – What Judges Need to Know: Seven Basic Facts & Two Sample Orders (15-09)

What is a “Paradee” Motion? Criminal defendants have a broad right to discovery in order to prepare and present a defense. When a defendant requests records that are subject to the Minnesota Government Data Practicesconfidential.records Act or other legislation, the court may screen the confidential records in camera to balance the right of the defendant to prepare and present a defense against the rights of victims and witnesses to privacy. However, this in camera review is not a right and defendant must first establish a “plausible showing” that the information sought would be “both material and favorable to his defense.” This Training Update will discuss seven basic facts that judges need to know to properly rule on a Paradee motion.

CLICK ON LINK BELOW TO READ FULL UPDATE

PendletonUpdate15-09

 

TOP TEN LIST – FUNNY JUDICIAL QUOTES: Judges can be funny too, sometimes (15-08)

FUNNY JUDICIAL QUOTES: In honor of this being thfunnyjudgee 100th Judicial Training Update issued since 2010 I offer a bit of uncharacteristic judicial humor. If anyone has ever questioned whether judges too have a sense of humor, you need look no further than this top 10 list of the funniest judicial quotes found in the legal blogosphere.

PendletonUpdate15-08

 

Criminal Motions for Judgment of Acquittal (15-07)

Ten Basic Facts & One Special Rule for Circumstantial Evidence Cases: The Mandatory Two-Step “Al-Naseer/Silvernail” Analysis:

Motions for Judgment of Acquittal are made in almost all criminal cases. There are 10 basic factcircumstantil evidence cats that apply to all motions for acquittal and one special rule for circumstantial evidence cases that judges MUST follow. The Court of Appeals recently clarified the proper analysis the District Court MUST apply when the state’s case is based largely or entirely on circumstantial evidence. Failure to apply the correct analysis could result in reversal. State v. Sam, 859 N.W.2d 825 (Minn.App.2015).

Click on Link Below to Read More:
PendletonUpdate15-07

 

JUDGES’ ON-LINE JURY TRIAL BENCH BOOK (15-06)

PROFESSOR STEPHEN SIMON: University of Minnesota Law Professor Steve Simon is Steve Simonone of Minnesota judiciary’s most iconic figures. Virtually every Minnesota district court judge has at some point in their judicial career graduated from Professor Simon’s Judicial Trial Skills Program. Although he retired from the law school in 2012, he continues to mentor all newly appointed judges at his acclaimed Judicial Trial Skills Program. Following a long history of legal and academic achievements, one of his greatest accomplishments has been the development of a first of its kind on-line Bench Book titled, “Trial Procedures and Practices for Judges.”

The purpose for this training update is to introduce you to this amazing new On-Line Bench Book and encourage you to explore its many features. The Bench Book can be accessed via the JUDGES’ JURY TRIAL BENCH BOOK TAB (see top of this page).

TO READ THE FULL TRAINING UPDATE CLICK ON THE LINK BELOW.

PendletonUpdate15-06