Minnesota Jail Credit Manual (11-17) (replaced by update 12-10)

Posted on December 15, 2012 | Leave a comment

THIS IS THE OLD VERSION. SHOULD BE REPLACED WITH NEW VERSION 12.10

Pendleton11.17-Jail_Credit_Rules

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Family Law Motions: Ten Basics Rules (11-10) (Replaced by 12-09)

Posted on December 11, 2012 | Leave a comment

This is an old version. It has been replaced by update 12-09.

Pendleton11.10-Family_Law_Motions

 

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

Posted on November 19, 2012 | Leave a comment

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?

CLICK ON LINK BELOW TO READ MORE

Pendleton12.08-Consecutive_Sentencing

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Posted in Consecutive Sentencing - Common Mistake, SENTENCING

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

Posted on November 5, 2012 | Leave a comment

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?

CLICK ON LINK BELOW TO READ MORE

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Posted in Jail Credit - Starting Point, SENTENCING

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Admissibility of Defendants Prior Bad Acts Including Relationship Evidence (12-06)

Posted on October 19, 2012 | Leave a comment

QUESTION: To be Admissible, Evidence of Prior Bad Acts of Defendant, including Defendant’s Relationship with the Victim, Must Fit within 1 of 4 Exceptions to the General Rule Prohibiting Evidence of Bad Character.

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Pendleton12.06-Admissibility_of_Defendants_Prior_Bad_Acts

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Posted in Domestic Violence, EVIDENCE, Prior Bad Acts & Relationship Evidence, Relationship Evidence

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Judges Handbook on Motor Vehicle Stops (12-05)

Posted on August 15, 2012 | Leave a comment

This update is a reprint of Chapter one of the Minnesota Handbook on Motor Vehicle Stops & Warrantless Motor Vehicle Searches. It is limited to legal issues involved in the stop and detention of a motor vehicle by law enforcement. 

FOREWORD: Challenging the legality of a motor vehicle stop is one of the most common legal arguments raised in support of a motion to suppress. This update is designed to provide judges and attorneys with a comprehensive reference guide to the laws governing motor vehicle stops. 

CLICK ON LINK BELOW TO READ MORE

Pendleton12.05-Judges_Handbook_on_Motor-Vehicle_Stops

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Posted in CRIMINAL PRETRIAL, Judges Handbook on Motor Vehicle Stops, MOTOR VEHICLES

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Warrantless Motor Vehicle Searches: Summary Reference Chart (13-10)

Posted on July 29, 2012 | 3 comments

This update is a supplement to the Minnesota Handbook on Motor Vehicle Stops & Warrantless Searches and provides a SUMMARY REFERENCE CHART of the seven (7) exceptions to the Fourth Amendment warrant requirement under which warrantless stops and searches of motor vehicles may be justified.

CLICK ON LINK BELOW TO READ MORE

Pendleton13.10-Warrantless_Motor_Vehicle_Searches

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Posted in Motor Vehicle Stop & Warrantless Search Chart, MOTOR VEHICLES, SEARCH & SEIZURE, Warrantless Motor Vehicle Search Chart

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Spriegl Evidence – 5 Step Process (12-04)

Posted on April 30, 2012 | Leave a comment

QUESTION: STATE FILES A MOTION-IN-LIMINE SEEKING ADMISSION OF SPREIGL EVIDENCE. WHAT 5 STEP PROCESS MUST THE COURT FOLLOW IN REACHING A DECISION?

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Pendleton12.04-Spriegl_Evidence-5_Step_Process_Amended

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Posted in EVIDENCE, Spriegl - 5 Step Process

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Defendant’s Demand for Substitute Public Defender (12-03)

Posted on March 14, 2012 | Leave a comment

QUESTION: What is the appropriate judicial response if Defendant complains about his assigned Public Defender and demands a substitute attorney? What basic rules and procedures apply?

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Pendleton12.03-Defendant’s_Demand_for_Substitute_Public_Defender

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Posted in CRIMINAL PRETRIAL, Substitute Public Defender

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Civil Judgments – Ten Questions Every Judge Should Know (12-02)

Posted on February 23, 2012 | Leave a comment

This Update answers ten basic questions that every judge and attorney should know about civil judgments.

CLICK ON LINK BELOW TO READ MORE

PendletonUpdate12.02

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Posted in Civil Judgments - 10 Basic Rules, CIVIL PROCEDURE

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