Category Archives: SENTENCING

Dimler Amendment: Keeping a Speeding Ticket Off Your Driving Record (13-09)

“DIMLER” AMENDMENT: The so-called “Dimler” Amendment, originally enacted in 1986 and named after its sponsor, representative Chuck Dimler, governs which speeding violations are recorded on a driving record maintained by the Department of Public Safety. Application of the Dimler Amendment not only keeps a driving infraction off a person’s driving record but has the practical effect of insulating a driver’s insurance company from being notified of the speeding ticket. This updates discusses everything a judge and attorney needs to know about “Dimler.”

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Pendleton13.09-Dimler_Amendment

Judicial Sentencing Oversight: Inadvertent Deprivation of Lawful Jail Credit (13-07)

When sentencing a defendant to prison, if the Court: 1) fails to state the number of jail credit days, or 2) the Court states the number of jail credit days but directs the prison to “verify” jail credit, the DOC will determine or verify jail credit by implementing a policy that does NOT allow credit for any time served other than ‘straight time’ (that includes denying jail credit for ‘work release’) even though defendants are lawfully entitled to such credit.

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Pendleton13.07-Judicial_Sentencing_Oversight

MINNESOTA JAIL CREDIT MANUAL (12-10)

The Minnesota Jail Credit Manual is designed to provide Judges and Attorneys with a basic guide to the most common jail credit questions faced by legal practitioners on a day to day basis.

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Pendleton Update 12-10

Consecutive Sentencing – A Common Judicial Mistake (12-08)

QUESTION: When the Court orders a stayed sentence to run “consecutive” to all other sentences” what does that actually mean? What is it that actually runs consecutive?

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Pendleton12.08-Consecutive_Sentencing

Jail Credit Calculation – New Supreme Court “Clarkin” Rule (12-07)

QUESTION: When The Court Imposes A Concurrent Sentence, Defendant Is Entitled To Jail Credit For All Time Spent In Custody In Connection With The Offense Being Sentenced Including Time Spent In Custody Related To Other Charges….BUT….How Do You Calculate The Starting Point For Jail Credit?

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Pendleton12.07-Jail_Credit_Calculation-New_Supreme_Court_Clarkin_Rule