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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Posted in Jail Credit - Inadvertent Deprivation, SENTENCING
Tagged DOC, Jail Credit, SENTENCING
On April 17, 2013 the U.S. Supreme Court issued a long awaited decision in Missouri v. McNeely in which the Court addressed when and under what circumstances, during drunk-driving investigations, law enforcement can conduct a blood test without a warrant. The McNeely decision reverses the Minnesota Supreme Court decision in State v. Shriner, 751 N.W.2d 538 (2008).
QUESTION: You receive a phone call at 3 a.m. from law enforcement asking you to approve a telephonic search warrant. What seven (7) procedural steps MUST be followed for a telephonic search warrant to be lawful? This update outlines a step-by-step guide for judges and law enforcement to follow
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Pendleton13.06-Missouri_v_McNeely_and_Telephonic_Search_Warrants
QUESTION: Under what circumstances can the court order a defendant to wear restraints (e.g. leg restraint not visible to the jury, etc.) during trial and what nine (9) factors should the court consider in reaching a decision?
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Posted in Ordering Restraints on Defendants, TRIAL ISSUES
Tagged leg restraints, TRIAL ISSUES, Wearing Restraints
QUESTION: When drafting or reviewing a final divorce decree involving an order of child support, what five (5) tax rules should every judge (and attorney) be aware of?
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Pendleton13.04- Child Support- 5 Tax Rules Every Judge Should Know
QUESTION: When Ruling on a Post-Decree Motion To Modify Custody (Based on a Claim of Endangerment) What is the “Rule of Nice-Petersen” and What 3-Step Analysis MUST the Court Follow?
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Posted in DIVORCE ISSUES, Modify Custody - Endangerment
Tagged custody, Divorce, endangerment, Nice-Peterson, post decree motion
QUESTION: You’re In The Middle Of Jury Selection When One Party Raises A “Batson” Challenge. What Three-Step Analysis Must You Follow To Properly Rule On The Challenge? Does “Batson” Prohibit Both Racial and Gender Discrimination?
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Posted in TRIAL ISSUES, Voir Dire - Batson Challenge
Tagged Batson, jury selection, Voir Dire
This update (10.10) has been replaced with update 13.2
Posted in Uncategorized
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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THIS IS THE OLD VERSION. SHOULD BE REPLACED WITH NEW VERSION 12.10
Posted in Uncategorized
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