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

IMPEACHMENT – PRIOR FELONY CONVICTIONS (11-14)

The Minnesota Supreme Court Recently Issued A Decision Of 1st Impression On The Use Of “UNSPECIFIED FELONIES” Which Significantly Impacts The Use Of Prior Convictions For Impeachment Purposes. This Training Update Replaces Update #10-19, Dated October 25, 2010. The Updated Section Is On Page 2, Paragraph #3, Labeled “NEW RULE – UNSPECIFIED FELONIES”. State v. Hill, AO9-1947, August 24, 2011.

QUESTION:   Prior To Trial The State Files A Motion-In-Limine Seeking To Impeach Defendant (Should He Decide To Testify) With Several Prior Felony Convictions, All Occurring Within The Past 10 Years And None Constituting A “Crime Of Dishonesty Or False Statement”. What Balancing Test Must The Court Apply And What 5 Specific Findings Must The Court Make (On The Record) To Properly Rule?

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Ex-Parte Temporary Restraining Order: Five “Dahlberg” Factors (11-13)

QUESTION: WHILE IN CHAMBERS YOU ARE ASKED TO RULE ON A REQUEST FOR AN “EX-PARTE TEMPORARY RESTRAINING ORDER”. WHAT TWO QUESTIONS MUST THE COURT ANSWER IN ORDER TO PROPERLY RULE?

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Warrantless Arrests and Detentions: 36 & 48 Hour Rules (11-12)

This Update Is Designed As A “Quick Judicial Reference Guide” On When And Under What Circumstances The 36-Hour And 48-Hour Rules Apply Following The Warrantless Arrest And Continued Detention Of An Adult Suspect.

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APPEALS & REMANDS: TEN COMMON TRIGGERS (11-11)

QUESTION: What Are the Most Common Judicial Triggers for Appeals and Remands? Do you ever wonder what your colleagues around the state are doing (or not doing) that tend to statistically trigger appeals and remands? Regardless of merit, certain judicial actions carry a high probability of triggering an appeal, a remand, or both? This Update addresses the most common judicial appeal triggers.

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Grand Jury Proceedings: Everything a Judge Needs to Know – Almost (11-09)

Unless You Came From The Criminal Division Of A County Attorneys Office, Most Judges Have Little Or No Prior Grand Jury Experience. At Some Point During Your Judicial Career You Will Be Asked To Orientate And Supervise A Grand Jury Proceeding. This Update Will Tell You Everything You Need To Know – Almost.

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Probation Revocations – The Austin Findings (11-08)

Following A Probation Violation Hearing (Misd, Gross Misd Or Felony), If The Court Determines There Is Clear And Convincing Evidence That A Condition Of Probation Has Been Violated (Or If The Probationer Admits The Violation), What 3 Specific Findings MUST The Court Make Before Defendant’s Probation Can Be Revoked And The Sentence Executed?

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HOUSING COURT – EVICTIONS: 10 BASIC RULES EVERY JUDGE MUST KNOW (11-07) (Replaced by 14-22)

Eviction Laws And Procedure Are Creations Of Statute And At Times Can Be Complex And Confusing. Although Hennepin And Ramsey County Have Judges/Referees That Specialize In This Area, For Much Of The State, Judges Preside Over Eviction Cases With Little Or No Prior Experience. The Following 10 Basic Rules Apply To All Landlord-Initiated Eviction Actions, Not Tenant-Initiated Remedy Actions.

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Judicial Mistake # 1 – When Defendants Stipulate to Element of Offense (11-05)

THERE ARE A FEW COMMON JUDICIAL MISTAKES THAT JUDGES TEND TO REPEAT YEAR AFTER YEAR, RESULTING IN A LARGE NUMBER OF APPEALS. ONE OF THE MOST COMMON OF THESE MISTAKES IS FAILURE TO OBTAIN A “PERSONAL WAIVER” OF THE RIGHT TO JURY TRIAL WHEN A DEFENDANT STIPULATES TO AN ELEMENT OF THE CHARGED OFFENSE.  A SIMPLE MISTAKE TO CORRECT!

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Judicial Resource: Online Judge’s Bench Book (11-06)

Prof. Steve Simon At The U Of M Law School Has Created An “Online Bench Book” That Addresses Evidentiary, Procedural And Courtroom Issues That Frequently Arise Prior To Or During Trial. The “Online Bench Book” Is Designed To Give Judges A Quick Answer To Evidentiary And Procedural Questions That Arise During Trial. It Can Be Accessed From A Judge’s Laptop On The Bench During Trial Or You Can Print The Contents And Refer To Them Separately. Each Topic Has A Short Concise Statement Of The Rule, Procedure Or Practice Followed By A Short Discussion And Analysis. The “Online Bench Book” Once Opened, Jumps To The Topic Selected When The Judge Clicks On The Topic. There Is Also A Built In Search Feature located on the left side of the main page.

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CRIMINAL VOIR DIRE QUESTIONS ASKED BY THE COURT (11-04)

THE MN SUPREME COURT TASK FORCE ON JURY SELECTION HAS RECOMMENDED THAT JUDGES BE MORE PROACTIVE IN ASKING INITIAL QUESTIONS TO THE JURY PANEL DURING JURY SELECTION. THIS UPDATE CONTAINS A SAMPLE VERBATIM SCRIPT, INCLUDING A LIST OF JUDICIAL VOIR DIRE QUESTIONS, THAT NEW JUDGES CAN FOLLOW WHEN COMMENCING THE JURY SELECTION PROCESS.

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