Category Archives: GUILTY PLEAS

Lothenbach Plea – A Potential judicial Landmine (10-11)

QUESTION: WHAT IS A LOTHENBACH PLEA/STIPULATION? Unlike some other states, Minnesota does not allow a defendant to make a conditional guilty plea. Before the Lothenbach decision, in order to preserve the right to appeal a pre-trial issue even when no other material facts were in dispute, a criminal defendant was first required to plead “not guilty” and then go through an unnecessary jury trial. Recognizing this was inefficient, the Supreme Court created a procedure to preserve a defendant’s right to appeal a pre-trial order and avoid an otherwise unnecessary jury trial.

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Pendleton10.11-Lothenbach_Plea-A_Potential_Judicial_Branch_Landmine

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

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

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

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