Dear Colleagues:
Your client loses a critical pretrial motion. The ruling may determine the outcome of the entire case. Must the defendant go through a full trial before appealing—or is there a better way?
Minnesota has a streamlined procedure that may allow the defendant to preserve a dispositive pretrial ruling for appellate review without the delay and expense of an unnecessary contested trial. Most attorneys and judges still refer to it as a Lothenbach stipulation, although it is now governed by Minn. R. Crim. P. 26.01, subd. 4.
Our newest Minnesota Judicial Training Update explains when to use this procedure, how it works, and the seven basic steps required to create a proper record.
The update also answers an important follow-up question: What is the difference between a subdivision 4 Lothenbach stipulation and a stipulated trial under subdivision 3? Although the two procedures may appear similar, they are not interchangeable. The distinction matters because it determines which issues the defendant may raise on appeal.
This is a practical topic for judges, prosecutors, and defense attorneys alike. A mistake in selecting the proper procedure—or in obtaining the necessary waivers and acknowledgments—can lead to an avoidable appeal, a reversal, or the loss of appellate review altogether.
The update can be read in less than 10 minutes. I hope you will take a few minutes to review it and share it with colleagues who may find it helpful.
The link to the update is attached below.
👉 Click here for a print-ready copy of Training Update 26-09:
👉 Click here to access Update 26-09 on the Minnesota Judicial Training and Education Website:
Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
alan@xmartinelaw.com
MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 