Category Archives: TRIAL ISSUES

Criminal Pre-Trial Checklist (11-18)

Posted on December 25, 2011 | Leave a comment

ATTACHED IS A CRIMINAL PRE-TRIAL CHECKLIST THAT JUDGES CAN USE TO DISCUSS PROCEDURAL, SUBSTANTIVE AND EVIDENTIARY ISSUES WITH ATTORNEYS IN CHAMBERS PRIOR TO COMMENCEMENT OF TRIAL.

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Posted in Criminal Pre-Trial Checklist, CRIMINAL PRETRIAL, Pre-Trial Checklist, TRIAL ISSUES

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IMPEACHMENT – PRIOR FELONY CONVICTIONS (11-14)

Posted on September 12, 2011 | Leave a comment

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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Posted in EVIDENCE, Impeachment - Felony Conviction, Impeachment - Prior Felony Conviction, TRIAL ISSUES

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Judicial Mistake # 1 – When Defendants Stipulate to Element of Offense (11-05)

Posted on March 22, 2011 | Leave a comment

THERE ARE A FEW COMMON JUDICIAL MISTAKES THAT JUDGES TEND TO REPEAT YEAR AFTER YEAR, RESULTING IN A LARGE NUMBER OF APPEALS. ONE OF THE MOST COMMON OF THESE MISTAKES IS FAILURE TO OBTAIN A “PERSONAL WAIVER” OF THE RIGHT TO JURY TRIAL WHEN A DEFENDANT STIPULATES TO AN ELEMENT OF THE CHARGED OFFENSE.  A SIMPLE MISTAKE TO CORRECT!

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Posted in Stipulation to Element of Offense, TRIAL ISSUES

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Judicial Resource: Online Judge’s Bench Book (11-06)

Posted on March 8, 2011 | Leave a comment

Prof. Steve Simon At The U Of M Law School Has Created An “Online Bench Book” That Addresses Evidentiary, Procedural And Courtroom Issues That Frequently Arise Prior To Or During Trial. The “Online Bench Book” Is Designed To Give Judges A Quick Answer To Evidentiary And Procedural Questions That Arise During Trial. It Can Be Accessed From A Judge’s Laptop On The Bench During Trial Or You Can Print The Contents And Refer To Them Separately. Each Topic Has A Short Concise Statement Of The Rule, Procedure Or Practice Followed By A Short Discussion And Analysis. The “Online Bench Book” Once Opened, Jumps To The Topic Selected When The Judge Clicks On The Topic. There Is Also A Built In Search Feature located on the left side of the main page.

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Posted in Prof Simon's Online Judges Bench Book, TRIAL ISSUES

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CRIMINAL VOIR DIRE QUESTIONS ASKED BY THE COURT (11-04)

Posted on February 22, 2011 | Leave a comment

THE MN SUPREME COURT TASK FORCE ON JURY SELECTION HAS RECOMMENDED THAT JUDGES BE MORE PROACTIVE IN ASKING INITIAL QUESTIONS TO THE JURY PANEL DURING JURY SELECTION. THIS UPDATE CONTAINS A SAMPLE VERBATIM SCRIPT, INCLUDING A LIST OF JUDICIAL VOIR DIRE QUESTIONS, THAT NEW JUDGES CAN FOLLOW WHEN COMMENCING THE JURY SELECTION PROCESS.

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Posted in CRIMINAL PRETRIAL, TRIAL ISSUES, Voir Dire - Sample Questions

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JUDICIAL GUIDELINES FOR VOIR DIRE (11-03)

Posted on February 7, 2011 | Leave a comment

IN 2001 THE MN SUPREME COURT TASK FORCE ON JURY SELECTION RECOMMENDED THAT JUDGES EXERCISE MORE CONTROL OVER THE JURY SELECTION PROCESS TO ENSURE THAT IT IS PROPERLY CONDUCTED, AND SHOULD INTERVENE SUA SPONTE WHEN APPROPRIATE.

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Posted in TRIAL ISSUES, Voir Dire - Judicial Guidelines

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CAUTIONARY JURY INSTRUCTIONS DURING TRIAL (11-02)

Posted on January 24, 2011 | Leave a comment

You’re In The Middle Of Trial And Something Occurs (Usually An Evidentiary Issue) That Requires A Cautionary Instruction Be Given To The Jury. To Help Minimize The Potential For Delay, This Update Includes A List Of 15 Common (JIG and NON-JIG) Cautionary Instructions Designed For Easy Access During Trial.

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Posted in Cautionary Jury Instructions, Pre-Trial Checklist, TRIAL ISSUES

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PROSECUTORIAL MISCONDUCT (10-14)

Posted on June 29, 2010 | Leave a comment

PROBLEM: WITH EACH NEW GENERATION OF PROSECUTORS MANY OF THE SAME PROSECUTORIAL MISCONDUCT MISTAKES ARE REPEATED. ENCLOSED ARE TWO JUDICIAL RESOURCES TO ASSIST THE COURT IN ADDRESSING THIS ONGOING CONCERN?

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Posted in Prosecutorial Misconduct Manual, TRIAL ISSUES

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Courtroom Closure – Full or Partial Exclusion (10-06)

Posted on April 1, 2010 | Leave a comment

QUESTION: You’re in the Middle of Trial and You Get a Request to Temporarily Exclude Someone from the Court Room. What Findings Must a Judge Make Before Ordering a Full or Partial Closure of a Public Trial Including Exclusion of any Member of the Public From Any Portion of the Public Trial?

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Posted in Courtroom Closure - Full & Partial, TRIAL ISSUES

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