Several of our newest judges requested an update on the amorphous art of judging in general. In 2002 retired Judge Bernard Boland wrote an excellent article for “Bench & Bar” on judicial aspirations for new judges. It has helped shape many judicial practices over the years.
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After Issuing A Partial Summary Judgment Order, In Which You Dismiss Some But Not All Of The Claims and/or Parties To A Lawsuit, The Court Should Ask Itself The Following Question. Does The Court Want The Losing Party To Have The Right To Immediately Appeal The Partial Summary Judgment Order, Or Should The Losing Party Have To Wait Until The End Of The Case, After All Claims Have Been Resolved and a Final Judgment Has Been Entered, Before Filing An Appeal?
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Question: Although It Doesn’t Occur Often, What Happens If You Receive A Phone Call At 3 a.m. From Law Enforcement Asking You To Approve A Telephonic Search Warrant? What Standard Do You Apply And What 7 Procedural Steps Must Be Followed For A Telephonic Search Warrant To Be Lawful?
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Defendant pleads guilty to Felony Domestic Assault (but could be any criminal offense) pursuant to a plea agreement. Court accepts the plea, orders a PSI and return for sentencing. After reading the PSI court decides NOT to accept the plea agreement. At sentencing the court rejects the previously accepted plea of guilty. Defendant argues that his continued prosecution, following the rejection of a guilty plea that the district court had accepted in open court, violated the constitutional protection against double jeopardy.
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Posted in Acceptance of Plea - When, GUILTY PLEAS
Tagged Acceptance of plea, Guilty Plea
QUESTION: DURING A DISSOLUTION TRIAL YOU SPEND HOURS LISTENING TO OBSTREPEROUS PARTIES ARGUE OVER THE DISTRIBUTION OF INEXPENSIVE OR MINOR ITEMS OF PERSONAL PROPERTY. YOU WOULD LIKE TO AVOID THAT PROBLEM IN FUTURE CASES.
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Pendleton10.17-Divorce_Trials-Distribution_of_Personal_Property
QUESTION: WHAT IS A NORGAARD PLEA OF GUILTY? A Norgaard Plea is a procedure that governs situations where a defendant wants to enter a plea of guilty (usually in order to take advantage of a plea agreement) but is unable to recall facts due to intoxication or amnesia. Unlike an Alford plea, in a Norgaard Plea, Defendant does not make a claim he is innocent.
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THIS UPDATE HAS BEEN REPLACED BY UPDATE 14-18
QUESTION: What Is An ‘Alford’ Plea Of Guilty? What Procedure Must The District Court Follow Before An Alford Plea Can Be Accepted?
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PROBLEM: WITH EACH NEW GENERATION OF PROSECUTORS MANY OF THE SAME PROSECUTORIAL MISCONDUCT MISTAKES ARE REPEATED. ENCLOSED ARE TWO JUDICIAL RESOURCES TO ASSIST THE COURT IN ADDRESSING THIS ONGOING CONCERN?
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QUESTION: During A Criminal Sexual Conduct (Rape) Jury Trial Involving A Battered Woman Relationship, The Prosecution Attempts To Introduce Evidence Of The “Battered Woman Syndrome” To Explain:
1. Why Some Victims Fail To Timely Report Crimes;
2. Why Some Victims Often Recant Testimony;
3. Why Some Victims Refuse To Leave Abusive Relationships,
What Is The “Battered Woman Syndrome” And What 4 Step Analysis Should The District Court Follow When Ruling On Admissibility?
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QUESTION: THE MORNING OF TRIAL YOU ARE ASKED TO RULE ON THE ADMISSIBILITY OF A HEARSAY STATEMENT UNDER THE RESIDUAL EXCEPTION TO THE HEARSAY RULE (Minn. R. Evid. 807). WHAT IS THE RESIDUAL HEARSAY EXCEPTION RULE AND WHAT 6 STEP ANALYSES MUST YOU FOLLOW TO PROPERLY RULE?
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Posted in EVIDENCE, Hearsay - Child Statements
Tagged 10-12, 807, exception, Hearsay - Child Statements, Residual, Rule of Evidence
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