Category Archives: GUILTY PLEAS

Alford Plea of Guilty (Defendant Denies Guilt): A Three-Step Process to “Appeal-Proof” the Plea

Three Steps to Making a Proper Record

Dear Colleagues,

Attached is my latest Martine Law Training Update, focused on a topic that continues to trip up even experienced attorneys and judges: the Alford plea.

Most of us rarely encounter these pleas—and that’s precisely when mistakes happen. A sloppy record can easily lead to reversal on appeal. This update does more than educate. It provides a clear, 3-step process that doubles as an in-court script to ensure that every Alford plea is entered properly, thoroughly, and—with confidence—appeal-proof.

Whether you’re a trial judge or trial attorney, this update gives you everything you need to handle an Alford plea correctly the next time it appears on your calendar.

Click to read the full training update here:
👉 Martine Law Training Update 25-7: Alford Pleas of Guilty

As always, please feel free to forward this update to colleagues who may benefit from it. Thank you for continuing to make legal education part of your practice.

Special thanks to Martine Law attorneys Luke McClure and Kalen Best for generously contributing their insight and expertise to this update.


NOTE: This training update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please share this training update with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.


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 exceeding 3,500 attorneys, judges, and legal professionals, these updates reflect our 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

GUILTY PLEA HEARINGS: THE DANGER OF USING LEADING QUESTIONS (20-7)

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

For the answer and explanation read the attached judicial training update.

For a print ready copy of training update 20-7 click here.

NORGAARD PLEA OF GUILTY – Unable to Recall Facts (15-16)

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 damnesiaue to intoxication or amnesia. Unlike an Alford plea (see update 14-18) in a Norgaard plea, defendant does not make a claim he is innocent. State v. Ecker, 524 N.W.2d 712, 716 (Minn.1994); State v. Johnson, A14-1605, Minn. App. June 29, 2015.

To the dismay of the Court of Appeals, there are certain judicial mistakes/oversights that tend to reoccur with every new generation of judges and attorneys. Two of the most common oversights involve Alford and Norgaard pleas of guilty. These oversights almost always involve failure to make a complete record. Creating a full and complete record to support any plea of guilty should be viewed as a collaborative effort shared by both judge and attorneys.

The proper procedure for an Alford plea of guilty can be found in Update 14-18, dated October 8, 2014.

This week’s judicial update outlines the procedure that the district court must follow before a Norgaard plea of guilty can be accepted.

TO READ THE FULL UPDATE CLICK ON THE FOLLOWING LINK:

PendletonUpdate 15-16

IMMIGRATION: 5 Immigration Facts Every Judge and Attorney Should Know (13-13) (Includes March 7, 2014 amendment)

There are many conviction and sentencing factors that can have a dramatic impact on the deportation status of a non-citizen defendant. This update covers five of the most common problems that every judge and attorney should be aware of and one suggested best practice. The lastimmigration.law page of the update includes references to several immigration services available to judges, attorneys and the general public.

CLICK ON LINK BELOW TO READ MORE

 PendletonUpdate13-13

ACCEPTANCE OF GUILTY PLEA – WHEN? (10-18)

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.

CLICK ON LINK BELOW TO READ MORE

Pendleton10.18-Acceptance_of_Guilty_Plea