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

ADMISSIBILITY OF PRE-MIRANDA SILENCE (10-07) replaced by update (11-16)

Posted on April 9, 2010 | Leave a comment

This old update was replaced by new update (11-16).

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Courtroom Closure – Full or Partial Exclusion (10-06)

Posted on April 1, 2010 | Leave a comment

QUESTION: You’re in the Middle of Trial and You Get a Request to Temporarily Exclude Someone from the Court Room. What Findings Must a Judge Make Before Ordering a Full or Partial Closure of a Public Trial Including Exclusion of any Member of the Public From Any Portion of the Public Trial?

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Pendleton10.06-Courtroom_Closure-Full_or_Partial_Exclusions

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Posted in Courtroom Closure - Full & Partial, TRIAL ISSUES

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CONTESTED CHILD SUPPORT CIVIL CONSTRUCTIVE CONTEMPT HEARINGS (10-05)

Posted on March 24, 2010 | Leave a comment

Most child support civil constructive contempt cases are resolved by agreement but if you find yourself having to preside over a contested hearing, these are the basic standards and rules you need to know.

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Pendleton10.05-Contested_Child_Support_Civil_Constructive_Contempt_Hearings

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Posted in Child Support, CONTEMPT

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District Court and Plea Negotiations – How Far is Too Far? (10-04)

Posted on March 17, 2010 | 1 comment

QUESTION: When attorneys ask or look to you for guidance on the type of sentence you are likely to impose, how do you protect yourself from impermissibly injecting yourself into plea negotiations?

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Pendleton 10.04-District_Court_and_Plea_Negotiations-How_Far_is_Too_Far-Pendleton10.04

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Posted in GUILTY PLEAS, Plea Negotiations - Court Involvement

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Search Warrants – 3 Basic Rules Every Judge Must Know: Nine Additional Rules Every Judge Should Know (10-03) (Replaced by 20-05)

Posted on March 11, 2010 | Leave a comment

This Update addresses the legal standard for issuing Search Warrants and Warrants that include “No Knock” and “Night Cap” provisions. This Update also addresses nine additional rules that every judge and attorney should know.

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Pendleton 10.03-Search_Warrants-3_Basic_Rules_That_Every_Judge_Should_Know-Pendleton10.03

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Posted in SEARCH & SEIZURE, Uncategorized

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Felony Sentencing – 2 Common Misunderstandings (10-02)

Posted on March 3, 2010 | Leave a comment

QUESTION: When the district court commits a defendant to the commissioner of corrections (prison), does the court have authority to include a ‘no-contact’ order as part of the sentence, (for example: at the request of a terrified victim of a serious sexual or violent offense)?

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Pendleton 10.02-Felony_Sentencings-2_Common_Misunderstandings-Pendleton10.02

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Posted in 2 Common Misunderstandings, SENTENCING

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Use of Leading Questions in Guilty Pleas (10-01)

Posted on February 17, 2010 | 2 comments

QUESTION: Should judges accept a factual basis for a plea of guilty based on the common practice of asking defendants a series of leading questions, without the defendant ever stating in his own words what happened?

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Pendleton 10.01-Use_of_Leading_Questions_in_Guilty_Pleas-Pendleton10.01

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Posted in GUILTY PLEAS, Leading Questions

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