Dear Colleagues, in the fast-paced worlds of criminal and family law, staying current with recent legal developments, courtroom strategies, and practical tools is critical to effective advocacy. With hundreds of new attorneys, judges, and legal professionals joining our training distribution list every month, many may have missed important earlier updates.
To make access easier, this recap summarizes the last seven Martine Law Training Updates (25-2 through 25-8). Each update is available in full on the Minnesota Judicial Training and Education Website. The most recent five appear on the home page. Older updates are organized in a subject matter index, table of contents, and searchable keyword index. Please explore these resources and share them with others who may benefit.
1. Training Update 25-2 (April 27, 2025)
Title: Hearsay v. Non-Hearsay: The Fool-Proof Hearsay Test
This update introduces a 3-step analytical test for determining whether an out-of-court statement is hearsay. It emphasizes starting with the correct legal question — is the statement even hearsay? — before jumping to exceptions. It also outlines the six categories of Rule 801(d) non-hearsay statements and provides practical examples.
Why it matters: Avoiding hearsay errors at trial is a critical skill for litigators. This update gives attorneys a simple but powerful tool to analyze any out-of-court statement.
[Click here to read Training Update 25-2]
2. Training Update 25-3 (June 4, 2025)
Title: Crawford v. Washington and the Hearsay Testimonial Rule
This follow-up to Update 25-2 explains the “testimonial hearsay” rule under Crawford, Davis, and Krasky. It provides a four-part flowchart, primary purpose checklist, and sample motion to exclude testimonial hearsay.
Why it matters: Criminal defense attorneys must recognize and challenge testimonial hearsay violations to protect the client’s Sixth Amendment rights and preserve issues for appeal.
[Click here to read Training Update 25-3]
3. Training Update 25-4 (June 22, 2025)
Title: Marijuana Odor & Warrantless Vehicle Searches
This update breaks down the Minnesota Supreme Court’s ruling in State v. Torgerson (2023), and the new statute (M.S. 626.223) clarifying that the smell of marijuana alone does not justify a vehicle search. Also included: a practical guide to the 2023 Marijuana Reform Act and the “Open Cannabis Container” law (M.S. 169A.36).
Why it matters: Knowing what cannabis-related conduct is lawful vs. criminal is essential to properly challenge searches and suppress evidence.
[Click here to read Training Update 25-4]
4. Training Update 25-5 (July 7, 2025)
Title: Family Law Motions – Ten Basic Rules
This foundational update outlines ten core rules of family law motion practice, including service deadlines, scope of affidavits, oral testimony requests, GAL appointments, and unsworn attachments. It also highlights the new 2024 statutory requirement for expedited parenting time hearings under M.S. 518.131, Subd. 11.
Why it matters: These rules are often overlooked, but failure to follow them can result in canceled hearings, denied motions, or even professional embarrassment.
[Click here to read Training Update 25-5]
5. Training Update 25-6 (July 14, 2025)
Title: Dimler Amendment – Keeping Speeding Tickets Off the Driving Record
This update explains the application of the “Dimler Amendment” (M.S. 171.12, Subd. 6) which prevents certain low-level speeding violations from appearing on a person’s DPS driving record. It also covers practical strategies for asking for reduced speeds and amending tickets.
Why it matters: Understanding Dimler can protect clients from increased insurance rates, and gives defense attorneys negotiating leverage in traffic court.
[Click here to read Training Update 25-6]
6. Training Update 25-7 (July 21, 2025)
Title: Alford Pleas: A Three-Step Guide for Making a Valid Record
This update provides a complete procedural guide and sample script for accepting an Alford plea, including key questions to ask and how to make an appeal-proof record under State v. Theis and Goulette.
Why it matters: Improperly accepted Alford pleas can be reversed on appeal. This update ensures both prosecutors and defense attorneys make a clean, defensible record.
[Click here to read Training Update 25-7]
7. Training Update 25-8 (July 28, 2025)
Title: The Power of Gratitude: Transforming the Lives and Practices of Attorneys and Judges
Departing from the usual legal topics, this update addresses the mental health crisis in the legal profession and introduces gratitude as a science-backed practice to build resilience, reduce burnout, and foster better professional relationships.
Why it matters: Lawyers and judges in high-conflict fields like family and criminal law face extreme stress. This update provides a vital tool for long-term sustainability in the profession.
[Click here to read Training Update 25-8]
If you missed any of the above updates, you can also access them at:
📚 Minnesota Judicial Training and Education Website
Want to search for past topics? Use the search bar, the Table of Contents, or the Subject Matter Index.
New to our list? Welcome aboard — and thank you for your commitment to excellence in legal practice.
If you find this recap update helpful, please consider forwarding it to colleagues or staff who may benefit from it. And if you haven’t already, visit the Minnesota Judicial Training and Education Website to subscribe and receive future updates directly.
Special thanks to the Martine Law attorneys and Paralegals who generously contributed their insight and expertise to all past training updates.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base approaching 4000 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.
Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 