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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Posted in 10 Common Triggers, APPEALS and/or REMANDS
Tagged appeal triggers, CRIMINAL PRETRIAL, Judicial mistakes, remands
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
Tagged Grand Jury, instructions
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
Tagged Austin, PROBATION, Revocations, violations
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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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
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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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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Pendleton11.04-Criminal_Voir_Dire_Questions_Asked_by_the_Court
IN 2001 THE MN SUPREME COURT TASK FORCE ON JURY SELECTION RECOMMENDED THAT JUDGES EXERCISE MORE CONTROL OVER THE JURY SELECTION PROCESS TO ENSURE THAT IT IS PROPERLY CONDUCTED, AND SHOULD INTERVENE SUA SPONTE WHEN APPROPRIATE.
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You’re In The Middle Of Trial And Something Occurs (Usually An Evidentiary Issue) That Requires A Cautionary Instruction Be Given To The Jury. To Help Minimize The Potential For Delay, This Update Includes A List Of 15 Common (JIG and NON-JIG) Cautionary Instructions Designed For Easy Access During Trial.
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MOTIONS FOR JUDGMENT OF ACQUITTAL ARE MADE IN ALMOST ALL CRIMINAL CASES. IT IS IMPORTANT FOR NEW JUDGES TO UNDERSTAND THE DYNAMICS AND STANDARDS TO APPLY IN RULING ON SUCH A MOTION.
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Pendleton11.01-Motion_for_Judgement_of_Aquittal-10_Basic_Facts
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MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 