Category Archives: CRIMINAL PRETRIAL

WAIVER OF EXTRADITION ADVISORY (13-01)

QUESTION: What procedure should a judge follow when a defendant, charged with being a “Fugitive from Justice,” makes a Rule 5 first appearance on an in-custody or bail calendar? This Update also includes a script that judges can follow in-court and covers procedures that apply in Habeas Corpus hearings…..

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Pendleton13.01-Waiver_of_Extradition_Advisory

Missouri v. McNeely and Telephonic Search Warrants – 7 Steps (13-06)

On April 17, 2013 the U.S. Supreme Court issued a long awaited decision in Missouri v. McNeely in which the Court addressed when and under what circumstances, during drunk-driving investigations, law enforcement can conduct a blood test without a warrant. The McNeely decision reverses the Minnesota Supreme Court decision in State v. Shriner, 751 N.W.2d 538 (2008).

QUESTION: You receive a phone call at 3 a.m. from law enforcement asking you to approve a telephonic search warrant. What seven (7) procedural steps MUST be followed for a telephonic search warrant to be lawful? This update outlines a step-by-step guide for judges and law enforcement to follow

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Pendleton13.06-Missouri_v_McNeely_and_Telephonic_Search_Warrants

Judges Handbook on Motor Vehicle Stops (12-05)

This update is a reprint of Chapter one of the Minnesota Handbook on Motor Vehicle Stops & Warrantless Motor Vehicle Searches. It is limited to legal issues involved in the stop and detention of a motor vehicle by law enforcement. 

FOREWORD: Challenging the legality of a motor vehicle stop is one of the most common legal arguments raised in support of a motion to suppress. This update is designed to provide judges and attorneys with a comprehensive reference guide to the laws governing motor vehicle stops. 

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Pendleton12.05-Judges_Handbook_on_Motor-Vehicle_Stops

Defendant’s Demand for Substitute Public Defender (12-03)

QUESTION: What is the appropriate judicial response if Defendant complains about his assigned Public Defender and demands a substitute attorney? What basic rules and procedures apply?

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Pendleton12.03-Defendant’s_Demand_for_Substitute_Public_Defender

Criminal Pre-Trial Checklist (11-18)

ATTACHED IS A CRIMINAL PRE-TRIAL CHECKLIST THAT JUDGES CAN USE TO DISCUSS PROCEDURAL, SUBSTANTIVE AND EVIDENTIARY ISSUES WITH ATTORNEYS IN CHAMBERS PRIOR TO COMMENCEMENT OF TRIAL.

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Pendleton11.18-Criminal_Pre-Trial_Checklist