Ex-Parte Temporary Restraining Order: Five “Dahlberg” Factors (11-13)

Posted on July 7, 2011 | Leave a comment

QUESTION: WHILE IN CHAMBERS YOU ARE ASKED TO RULE ON A REQUEST FOR AN “EX-PARTE TEMPORARY RESTRAINING ORDER”. WHAT TWO QUESTIONS MUST THE COURT ANSWER IN ORDER TO PROPERLY RULE?

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Posted in CIVIL PROCEDURE, TRO - Dahlberg Factors

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Warrantless Arrests and Detentions: 36 & 48 Hour Rules (11-12)

Posted on June 21, 2011 | 1 comment

This Update Is Designed As A “Quick Judicial Reference Guide” On When And Under What Circumstances The 36-Hour And 48-Hour Rules Apply Following The Warrantless Arrest And Continued Detention Of An Adult Suspect.

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APPEALS & REMANDS: TEN COMMON TRIGGERS (11-11)

Posted on June 9, 2011 | 1 comment

QUESTION: What Are the Most Common Judicial Triggers for Appeals and Remands? Do you ever wonder what your colleagues around the state are doing (or not doing) that tend to statistically trigger appeals and remands? Regardless of merit, certain judicial actions carry a high probability of triggering an appeal, a remand, or both? This Update addresses the most common judicial appeal triggers.

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Posted in 10 Common Triggers, APPEALS and/or REMANDS

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Grand Jury Proceedings: Everything a Judge Needs to Know – Almost (11-09)

Posted on May 4, 2011 | Leave a comment

Unless You Came From The Criminal Division Of A County Attorneys Office, Most Judges Have Little Or No Prior Grand Jury Experience. At Some Point During Your Judicial Career You Will Be Asked To Orientate And Supervise A Grand Jury Proceeding. This Update Will Tell You Everything You Need To Know – Almost.

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Posted in CRIMINAL PRETRIAL, Grand Jury - 10 Basic Rules

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Probation Revocations – The Austin Findings (11-08)

Posted on April 20, 2011 | Leave a comment

Following A Probation Violation Hearing (Misd, Gross Misd Or Felony), If The Court Determines There Is Clear And Convincing Evidence That A Condition Of Probation Has Been Violated (Or If The Probationer Admits The Violation), What 3 Specific Findings MUST The Court Make Before Defendant’s Probation Can Be Revoked And The Sentence Executed?

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Posted in Austin Factors, PROBATION

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HOUSING COURT – EVICTIONS: 10 BASIC RULES EVERY JUDGE MUST KNOW (11-07) (Replaced by 14-22)

Posted on April 7, 2011 | Leave a comment

Eviction Laws And Procedure Are Creations Of Statute And At Times Can Be Complex And Confusing. Although Hennepin And Ramsey County Have Judges/Referees That Specialize In This Area, For Much Of The State, Judges Preside Over Eviction Cases With Little Or No Prior Experience. The Following 10 Basic Rules Apply To All Landlord-Initiated Eviction Actions, Not Tenant-Initiated Remedy Actions.

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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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