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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Pendleton11.04-Criminal_Voir_Dire_Questions_Asked_by_the_Court
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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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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MOTIONS FOR JUDGMENT OF ACQUITTAL ARE MADE IN ALMOST ALL CRIMINAL CASES. IT IS IMPORTANT FOR NEW JUDGES TO UNDERSTAND THE DYNAMICS AND STANDARDS TO APPLY IN RULING ON SUCH A MOTION.
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Pendleton11.01-Motion_for_Judgement_of_Aquittal-10_Basic_Facts
Several of our newest judges requested an update on the amorphous art of judging in general. In 2002 retired Judge Bernard Boland wrote an excellent article for “Bench & Bar” on judicial aspirations for new judges. It has helped shape many judicial practices over the years.
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After Issuing A Partial Summary Judgment Order, In Which You Dismiss Some But Not All Of The Claims and/or Parties To A Lawsuit, The Court Should Ask Itself The Following Question. Does The Court Want The Losing Party To Have The Right To Immediately Appeal The Partial Summary Judgment Order, Or Should The Losing Party Have To Wait Until The End Of The Case, After All Claims Have Been Resolved and a Final Judgment Has Been Entered, Before Filing An Appeal?
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Question: Although It Doesn’t Occur Often, What Happens If You Receive A Phone Call At 3 a.m. From Law Enforcement Asking You To Approve A Telephonic Search Warrant? What Standard Do You Apply And What 7 Procedural Steps Must Be Followed For A Telephonic Search Warrant To Be Lawful?
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Defendant pleads guilty to Felony Domestic Assault (but could be any criminal offense) pursuant to a plea agreement. Court accepts the plea, orders a PSI and return for sentencing. After reading the PSI court decides NOT to accept the plea agreement. At sentencing the court rejects the previously accepted plea of guilty. Defendant argues that his continued prosecution, following the rejection of a guilty plea that the district court had accepted in open court, violated the constitutional protection against double jeopardy.
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Posted in Acceptance of Plea - When, GUILTY PLEAS
Tagged Acceptance of plea, Guilty Plea
QUESTION: DURING A DISSOLUTION TRIAL YOU SPEND HOURS LISTENING TO OBSTREPEROUS PARTIES ARGUE OVER THE DISTRIBUTION OF INEXPENSIVE OR MINOR ITEMS OF PERSONAL PROPERTY. YOU WOULD LIKE TO AVOID THAT PROBLEM IN FUTURE CASES.
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Pendleton10.17-Divorce_Trials-Distribution_of_Personal_Property
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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Dedicated to the Training & Education of the Minnesota Bench and Bar
Dedicated to the Training & Education of the Minnesota Bench and Bar
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