QUESTION: WHAT IS A NORGAARD PLEA OF GUILTY? A Norgaard Plea is a procedure that governs situations where a defendant wants to enter a plea of guilty (usually in order to take advantage of a plea agreement) but is unable to recall facts due to intoxication or amnesia. Unlike an Alford plea, in a Norgaard Plea, Defendant does not make a claim he is innocent.
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THIS UPDATE HAS BEEN REPLACED BY UPDATE 14-18
QUESTION: What Is An ‘Alford’ Plea Of Guilty? What Procedure Must The District Court Follow Before An Alford Plea Can Be Accepted?
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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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QUESTION: During A Criminal Sexual Conduct (Rape) Jury Trial Involving A Battered Woman Relationship, The Prosecution Attempts To Introduce Evidence Of The “Battered Woman Syndrome” To Explain:
1. Why Some Victims Fail To Timely Report Crimes;
2. Why Some Victims Often Recant Testimony;
3. Why Some Victims Refuse To Leave Abusive Relationships,
What Is The “Battered Woman Syndrome” And What 4 Step Analysis Should The District Court Follow When Ruling On Admissibility?
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QUESTION: THE MORNING OF TRIAL YOU ARE ASKED TO RULE ON THE ADMISSIBILITY OF A HEARSAY STATEMENT UNDER THE RESIDUAL EXCEPTION TO THE HEARSAY RULE (Minn. R. Evid. 807). WHAT IS THE RESIDUAL HEARSAY EXCEPTION RULE AND WHAT 6 STEP ANALYSES MUST YOU FOLLOW TO PROPERLY RULE?
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Posted in EVIDENCE, Hearsay - Child Statements
Tagged 10-12, 807, exception, Hearsay - Child Statements, Residual, Rule of Evidence
QUESTION: WHAT IS A LOTHENBACH PLEA/STIPULATION? Unlike some other states, Minnesota does not allow a defendant to make a conditional guilty plea. Before the Lothenbach decision, in order to preserve the right to appeal a pre-trial issue even when no other material facts were in dispute, a criminal defendant was first required to plead “not guilty” and then go through an unnecessary jury trial. Recognizing this was inefficient, the Supreme Court created a procedure to preserve a defendant’s right to appeal a pre-trial order and avoid an otherwise unnecessary jury trial.
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Pendleton10.11-Lothenbach_Plea-A_Potential_Judicial_Branch_Landmine
Posted in GUILTY PLEAS, Lothenbach Plea
Tagged Guilty, Lothenbach, Plea, stipulation
QUESTION: WHAT ADDITIONAL INQUIRIES SHOULD THE COURT MAKE, WHEN DIVORCING PARTIES APPEAR IN COURT TO PUT THEIR FINAL AGREEMENT ON THE RECORD, TO PROTECT AGAINST EITHER PARTY SUBSEQUENTLY ASKING TO REOPEN THE CASE?
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Pendleton10.09-Rule_15_Type_Questions_to_Finalize_Divorce_Proceedings
Posted in DIVORCE ISSUES, Questions to Finalize Divorce Proceedings
Tagged 10-09, Divorce, final agreement, Rule 15
The Morning Of Trial, While Addressing Motions-In-Limine, You Are Asked To Rule On The Admissibility Of A Hearsay Statement For Use In The State’s Case In Chief. The Following Is A Seven Step Analysis The Court Should Apply In Determining Admissibility Of Any Hearsay Statement Under Crawford v. Washington, 541 U.S. 36 (2004); see State v. Cox, A08-145 March 18, 2010.
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Pendleton10.08-Determining_Admissibility_of_Hearsay-Crawford
This old update was replaced by new update (11-16).
Posted in Uncategorized
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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