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

Admissibility of Pre-Arrest Silence (11-16)

Posted on October 14, 2011 | 1 comment

WHEN RULING ON THE ADMISSIBILITY OF A DEFENDANT’S PRE-ARREST, PRE-MIRANDA SILENCE (FOR USE IN THE STATE’S CASE-IN-CHIEF) THERE ARE 4 PRIMARY QUESTIONS THE COURT MUST ANSWER.

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Pendleton11.16-Admissibility_of_Pre-Arrest_Silence

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Posted in EVIDENCE, Pre-Arrest Silence

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Rape Victim Myths – Expert Testimony; Supreme Court Clarification (11-15)

Posted on September 28, 2011 | Leave a comment

QUESTION: During A Criminal Sexual Conduct Jury Trial In Which Defendant Claims Consent, The Prosecution Attempts To Introduce Expert Testimony To Describe And Explain ‘Counterintuitive Rape Victim Behaviors’ (Common Rape Myths) Exhibited By Adult Victims Of Sexual Assaults. What are these common rape myths?

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Posted in EVIDENCE, Rape Victim Myths - Expert Testimony

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IMPEACHMENT – PRIOR FELONY CONVICTIONS (11-14)

Posted on September 12, 2011 | Leave a comment

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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Pendleton11.14-Impeachment-Prior_Felony_Convictions

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Posted in EVIDENCE, Impeachment - Felony Conviction, Impeachment - Prior Felony Conviction, TRIAL ISSUES

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

Posted on July 7, 2011 | Leave a comment

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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Posted in CIVIL PROCEDURE, TRO - Dahlberg Factors

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

Posted on June 21, 2011 | 1 comment

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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Posted in Arrests - 36 & 48 Hour Rules, CRIMINAL PRETRIAL

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

Posted on June 9, 2011 | 1 comment

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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Pendleton11.11-Appeals_and_Remands

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Posted in 10 Common Triggers, APPEALS and/or REMANDS

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

Posted on May 4, 2011 | Leave a comment

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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Posted in CRIMINAL PRETRIAL, Grand Jury - 10 Basic Rules

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Probation Revocations – The Austin Findings (11-08)

Posted on April 20, 2011 | Leave a comment

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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Posted in Austin Factors, PROBATION

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

Posted on April 7, 2011 | Leave a comment

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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Pendleton11.07-Housing_Court_Evictions_10_Basic_Rules

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

Posted on March 22, 2011 | Leave a comment

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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Pendleton11.05-Judicial_Mistake_Number_1-When_Defendants_Stipulate_to_Element_of_Offense

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Posted in Stipulation to Element of Offense, TRIAL ISSUES

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