Category Archives: EVIDENCE

Admissibility of Defendants Prior Bad Acts Including Relationship Evidence (12-06)

QUESTION: To be Admissible, Evidence of Prior Bad Acts of Defendant, including Defendant’s Relationship with the Victim, Must Fit within 1 of 4 Exceptions to the General Rule Prohibiting Evidence of Bad Character.

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Pendleton12.06-Admissibility_of_Defendants_Prior_Bad_Acts

Spriegl Evidence – 5 Step Process (12-04)

QUESTION: STATE FILES A MOTION-IN-LIMINE SEEKING ADMISSION OF SPREIGL EVIDENCE. WHAT 5 STEP PROCESS MUST THE COURT FOLLOW IN REACHING A DECISION?

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Pendleton12.04-Spriegl_Evidence-5_Step_Process_Amended

Admissibility of Pre-Arrest Silence (11-16)

WHEN RULING ON THE ADMISSIBILITY OF A DEFENDANT’S PRE-ARREST, PRE-MIRANDA SILENCE (FOR USE IN THE STATE’S CASE-IN-CHIEF) THERE ARE 4 PRIMARY QUESTIONS THE COURT MUST ANSWER.

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Pendleton11.16-Admissibility_of_Pre-Arrest_Silence

Rape Victim Myths – Expert Testimony; Supreme Court Clarification (11-15)

QUESTION: During A Criminal Sexual Conduct Jury Trial In Which Defendant Claims Consent, The Prosecution Attempts To Introduce Expert Testimony To Describe And Explain ‘Counterintuitive Rape Victim Behaviors’ (Common Rape Myths) Exhibited By Adult Victims Of Sexual Assaults. What are these common rape myths?

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Pendleton11.15-Rape_Victim_Myths

IMPEACHMENT – PRIOR FELONY CONVICTIONS (11-14)

The Minnesota Supreme Court Recently Issued A Decision Of 1st Impression On The Use Of “UNSPECIFIED FELONIES” Which Significantly Impacts The Use Of Prior Convictions For Impeachment Purposes. This Training Update Replaces Update #10-19, Dated October 25, 2010. The Updated Section Is On Page 2, Paragraph #3, Labeled “NEW RULE – UNSPECIFIED FELONIES”. State v. Hill, AO9-1947, August 24, 2011.

QUESTION:   Prior To Trial The State Files A Motion-In-Limine Seeking To Impeach Defendant (Should He Decide To Testify) With Several Prior Felony Convictions, All Occurring Within The Past 10 Years And None Constituting A “Crime Of Dishonesty Or False Statement”. What Balancing Test Must The Court Apply And What 5 Specific Findings Must The Court Make (On The Record) To Properly Rule?

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Pendleton11.14-Impeachment-Prior_Felony_Convictions